Negotiation Outline  standard terms of negotiation  examples of negotiation  David  price and Goliath negotiation in a channel  force-cost a reduction company and a government  preparation and tactics of negotiation Standard.

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Transcript Negotiation Outline  standard terms of negotiation  examples of negotiation  David  price and Goliath negotiation in a channel  force-cost a reduction company and a government  preparation and tactics of negotiation Standard.

Slide 1

Negotiation

1

Outline
 standard

terms of negotiation

 examples

of negotiation

 David
 price

and Goliath

negotiation in a channel

 force-cost
a

reduction

company and a government

 preparation

and tactics of negotiation
2

Standard Terms in Negotiating

3

Negotiation


formal communication to seek mutual agreement


usually verbally



often between two sides



on sharing and allocation of resources, cost,
benefits, etc.



skills


required preparation



sharpened by practice
4

Terms in Negotiation
 BATNA

(best alternative to a negotiated
agreement) (底線)

 positions

(立場)

 interests

(利益)

 needs

(需要)

 wants

(願望)
5

Conditions to Use Negotiation
 expensive

operations



high-value, large-volume contract



complex technical requirements on product and
process, possibly evolving specifications



capital-intensive items, e.g., plant and equipment



special buyer-supplier relationship



important value-adding activities required from
suppler
6

Examples

7

Which Side Won?
 rental

negotiation

age
group size
status
company
Position in company

Party A
middle age
two, couple
landlord
local
owner

Party B
20’s
single
potential tenant
foreign
employee

8

Which Side Won?
 story
 potential

tenant slow in responding

 property

price gone up

 higher

rental expected by developers

9

Rental Contract Negotiation
by Mr. Stanley Yen
 Mr

Stanley Yen

 1971

June: started as a messenger in the
Taiwan branch of American Express (AET)

 1971

end: took care also general affairs of AET

…

 Now:

a living legend in tourism, management,
social welfare, …
10

Rental Contract Negotiation
by Mr. Stanley Yen


Mr. Yen, “How come you do this? As a custom of
foreign company, I recorded the agreed rental in a
memo.”



mutual respect that grew into long-term
employee-employer and then family-type
relationship



lessons


systematic



polite
11

Real-life Negotiation
with Suppliers

12

Examples of Price Negotiation


some general practice: 5th video clipping 00:14:20
to 00:20:20


depending on opponents




intellectual, traditional, personality

possessing information


BANTA and needs of opponents



market price, actual production cost



strengthen and BANTA of my company

13

Jose Ignacio Lopez
de Arriortua

14

Force-cost Reduction
 win-lose
 acting

strategy

personally, offensively, and emotionally

 demanding

 changing

immediate effect

existing contracts

 threatening

reduction or less no business

http://www.projectmagazine.com/monitoring-and-controlling/53cost/270-qforcedq-cost-reduction-how-to-respond
15

Deep Trouble of GM in Early 90’s

Michael H. Moffett and Willian E. Youngdahl (1999) Jose Ignacio Lopez de
Arriortua, Thunderbird International Business Review, 41(2) 179-194

16

Life of Jose Ignacio Lopez






doctorate in industrial engineering
196980: Firestone, Spain
198086: GM European operations, Spain
1986: GM’s Opel, Germany
1987: head of purchasing for Europe




work with Jack Smith to make GM Europe profitable

1992, April: VP of Worldwide purchasing of GM


Jack Smith as president of GM in Spring 92

18

New Rules in Purchasing
by Jose Ignacio Lopez
 new
 all

rules
supply contracts by bidding

a

minimum of 10 bids for a supply contract, at least
one not in north America

 no

favorable treatment of internal suppliers,
70% among all

 50%

productivity improvement by 1995

19

New Rules in Purchasing
by Jose Ignacio Lopez
 second

phase: sending GM teams to help
suppliers for improvement and cost
reduction

 mixed

results

 exemplary

in some, e.g., Siemens, reduction of
85% assembly line time; 95 percent of
inventory; 20% of cost

 not

sharing cost sharing in some cases
20

New Rules in Purchasing
by Jose Ignacio Lopez


forced changes of existing supplier contracts


renegotiation of five-year contract, e.g., cuts of supplier
price of 5%, 3%, 2%, 2%, 1% in the next five years



close working relationship with unions



taking proprietary designs from suppliers for open
bidding by other suppliers



sharing insufficient fixed development cost with
suppliers

21

New Rules in Purchasing
by Jose Ignacio Lopez
 results
 saving

$4 bill for GM

 poor

relationship and rating by suppliers

 some

suppliers out of business

 loss


of supplier loyalty in long term

not providing best product, nor best service

 switching

partners at opportunity

22

Concurrent
Chrysler Purchasing Policy
 long-term

partnership with suppliers

 criterion:

contribution to whole product
development and manufacturing process,
not only cost

 involving

suppliers right at the beginning

23

Contract Renegotiation with
*
the Chilean Government

http://www.negotiations.com/case/contract-renegotiation/
24

Contract Renegotiation with the
Chilean Government*




contract renegotiation over the El Teniente copper mine
in Chile in 1960’s
two parties: Kennecott, a U.S. company, and Chilean
government
background: national sentiment in Chile for foreign
companies to exploit its natural resource



overwhelmingly strong BATNA of the Chilean government
either tough financial terms or even expropriating the mine


enough local experts to manage the mine

25

Contract Renegotiation with the
Chilean Government*



What can be done by Kennecott?
a six-step win-win strategy that strengthens Kennecott’s position







1 selling a majority equity of the mining operation to the Chilean
government
2 divesting the fund into US banks; getting an outside loan, to expand the mining
operations (effect: better deal in re-negotiation)
3 having the Chilean government to guarantee the loan, with the guarantee
under the law of New York state
4 insuring as many as possible assets with U.S. backed guarantees (effect: reducing loss
in case of expropriation)
5 negotiating to sell output from expansion to clients in Europe and North
America (effect: diversifying customer base)
6 lastly selling the rights of the new contracts to a consortium of financial
institutions from Japan, the United States and Europe (effect: multi-party negotiation
in future contract renegotiation, with parties having other interests with the Chile
Government)

http://www.negotiations.com/case/contract-renegotiation/

26

Contract Renegotiation with the
Chilean Government
 final

remark: expropriation years later but
much better position for Kennecott in
negotiation

27

Preparation and Tactics
in Negotiating

28

Preparation for Negotiation
 identify

participants and set up a team

 develop

objectives

 e.g.,

price, quality, form of collaboration,
service level, long-term relationship

 gather

relevant information

 market

price, historical prices, actual cost of
supplier, history, financial strength, quality,
service level, management of supplier, possible
negotiator from supplier …
29

Preparation for Negotiation
 analyze

strengths & weaknesses for
suppliers and oneself
 for

both sides, e.g.,

 how

important is the supplier to us

 how

much time we have

 any

other backup supplier

 how

important is the order for the supplier

 financial

strength of the supplier
30

Preparation for Negotiation
 recognize
 deduce

 identify
 to

other party’s needs

real needs in others’ perspectives

common goals and facts agreed

simplify discussion

 identify

issues to discuss

 (potential)

differences between the two sides

31

Preparation for Negotiation
 establish
 develop
 brief

positions and BATNA

strategies and tactics

personnel

 practice

the negotiation

32

Tactics







argue based on facts
answer carefully
mind other side’s feeling
know the deadline
avoid trapping oneself in a
corner









e.g., “accept or no deal”

have courage to say no
start with lowest
start with highest
show honesty
take the initiative
listen



disappearance of key persons



never give up



fictitious competition


unethical



order issues



take a rest to cool down



check security



select venue



use threat



side track the issue



raise questions



keep silent
33

Concessions


give-and-take being common in negotiation



guidelines for making concessions


reserve room for concessions



first understand the other side’s needs and objectives



first to concede minor but not the first to concede major



portray unimportant concessions as valuable



fight before every concession
34

Concessions
 guidelines
 give,

for making concessions

and remember to take

 concede
 never

slowly and by little

reveal deadline

 say

“no” occasionally

 try

not to retrieve concessions

 record

of concessions
35

Power in Negotiation
power: the ability to influence
 sources of negotiating power


informational power: presenting relevant facts and
persuasive argument
 reward power
 coercive power
 legitimate power: credentials of experts
 referent power: socially acceptable personal qualities
and attributes, e.g., physical, honesty, charisma,
friendliness, sensitivity


36

Win-Win Negotiation


win-lose – competitive or distributive bargaining



win-win – collaboration or integrative bargaining


beneficial to both sides usually by increasing value or expanding
resources to all participants



equitable sharing of profit or cost



tactics


expand the pie



logroll



compensation for compliance



a bridge solution

37

Getting to Yes
Negotiating Agreement Without Giving In
By Roger Fisher & William Ury

38

Tips from the Book
 don’t

bargain over positions

 separate
 focus

on interests, not positions

 invent
 insist

the people from the problem

options for Mutual Gain

on using objective criteria

39

Don’t Bargain Over Positions


C: customer; S: Shopkeeper



C: How much do you want for this brass dish?



S: That is beautiful antique, isn’t it? I guess I could let it go for $75.



C: Oh come on, it’s dented. I’ll give you $15.



S: Really! I might consider a serious offer, but $15 is certainly isn’t serious.



C: Well, I could to to $20, but I would never pay anything like $75. Quote me a realistic price.



S: You rive a hard bargain, young lady. $60 cash, right now.



C: $25.



S: It cost me a great deal more than that. Make me a serious offer.



C: $37.50. That’s the highest I will go.



S: Have you noticed the engraving on that dish? Next year pieces like that will be worth twice
what you pay today.

40

Focus on Interests, Not Positions
 Negotiation

between Egypt and Israel at
Camp David in 1879
 Egyptian Sinai Peninsula occupied by Israel
since the Six Day War in 1967
 Positions
 Egypt:

getting back whole Sinai Peninsula
 Israel: holding part of Sinai Peninsula for
national security
41

Focus on Interests, Not Positions
 interests
 Egypt:

sovereignty

 Israel:

national security

 Result:

returned the whole Sinai Peninsula
to Egypt and de-militarized large area for
security of Israel

42

Insist on using Objective Criteria

















I: Insurance Adjuster; T; Tom
I: We have studied your case and have decided the policy applies. That means you’re entitled
to a settlement of $6,600.
T: I see. How did you reach that figure?
I: That’s how much we decided the car was worth.
T: I understand, but what standard did you use to determine that amount? Do you know
where I can buy a comparable car for that much?
I: How much are you asking for?
T: Whatever I’m entitled to under the policy. I found a secondhand car just about like it for
$7,700. Adding eh sales and excise tax, it would come to about $8,000.
I: $8,000! That’s too much.
T: I’m not asking for $8,000 or $6,000 or $10,000, but for fair compensation. Do you agree that
it’s only fair I get enough to replace the car?
I: OK, I’ll offer you $7,000. That’s the highest I can go. Company policy.
T: How does the company figure that?
I: Look. $7,000 is all you’ll get. Take it or leave it.
T: $7,000 may be fair. I don’t know. I certainly understand your position if you’re bound by
company policy. But unless you can state objectively why that amount is what I’m entitled to, I
think I’ll do better in court. Why don’t we study the matter and talk again? Is Wednesday at
eleven a good time to talk?
….

43

Insist on using Objective Criteria















….
I: Ok, Mr. Griffith, I’ve got an adhere in today’s paper offering an ‘89 Taurus
for $6,800.
T: I see. What does it say about mileage?
I: 49,000. Why?
T: Because mine only had 25,000 miles. How many dollars does that increase
the worth in your book?
I: Let me see … $450.
T: Assuming the $6,800 as one possible base, that brings the figure to $7,250.
Does the ad say anything about a radio?
I: No.
T: How much extra for that in your book?
I: $125.
T: How much for air conditioning?
……
A half-hour later Tom walked out with a check for $8,024.
44


Slide 2

Negotiation

1

Outline
 standard

terms of negotiation

 examples

of negotiation

 David
 price

and Goliath

negotiation in a channel

 force-cost
a

reduction

company and a government

 preparation

and tactics of negotiation
2

Standard Terms in Negotiating

3

Negotiation


formal communication to seek mutual agreement


usually verbally



often between two sides



on sharing and allocation of resources, cost,
benefits, etc.



skills


required preparation



sharpened by practice
4

Terms in Negotiation
 BATNA

(best alternative to a negotiated
agreement) (底線)

 positions

(立場)

 interests

(利益)

 needs

(需要)

 wants

(願望)
5

Conditions to Use Negotiation
 expensive

operations



high-value, large-volume contract



complex technical requirements on product and
process, possibly evolving specifications



capital-intensive items, e.g., plant and equipment



special buyer-supplier relationship



important value-adding activities required from
suppler
6

Examples

7

Which Side Won?
 rental

negotiation

age
group size
status
company
Position in company

Party A
middle age
two, couple
landlord
local
owner

Party B
20’s
single
potential tenant
foreign
employee

8

Which Side Won?
 story
 potential

tenant slow in responding

 property

price gone up

 higher

rental expected by developers

9

Rental Contract Negotiation
by Mr. Stanley Yen
 Mr

Stanley Yen

 1971

June: started as a messenger in the
Taiwan branch of American Express (AET)

 1971

end: took care also general affairs of AET

…

 Now:

a living legend in tourism, management,
social welfare, …
10

Rental Contract Negotiation
by Mr. Stanley Yen


Mr. Yen, “How come you do this? As a custom of
foreign company, I recorded the agreed rental in a
memo.”



mutual respect that grew into long-term
employee-employer and then family-type
relationship



lessons


systematic



polite
11

Real-life Negotiation
with Suppliers

12

Examples of Price Negotiation


some general practice: 5th video clipping 00:14:20
to 00:20:20


depending on opponents




intellectual, traditional, personality

possessing information


BANTA and needs of opponents



market price, actual production cost



strengthen and BANTA of my company

13

Jose Ignacio Lopez
de Arriortua

14

Force-cost Reduction
 win-lose
 acting

strategy

personally, offensively, and emotionally

 demanding

 changing

immediate effect

existing contracts

 threatening

reduction or less no business

http://www.projectmagazine.com/monitoring-and-controlling/53cost/270-qforcedq-cost-reduction-how-to-respond
15

Deep Trouble of GM in Early 90’s

Michael H. Moffett and Willian E. Youngdahl (1999) Jose Ignacio Lopez de
Arriortua, Thunderbird International Business Review, 41(2) 179-194

16

Life of Jose Ignacio Lopez






doctorate in industrial engineering
196980: Firestone, Spain
198086: GM European operations, Spain
1986: GM’s Opel, Germany
1987: head of purchasing for Europe




work with Jack Smith to make GM Europe profitable

1992, April: VP of Worldwide purchasing of GM


Jack Smith as president of GM in Spring 92

18

New Rules in Purchasing
by Jose Ignacio Lopez
 new
 all

rules
supply contracts by bidding

a

minimum of 10 bids for a supply contract, at least
one not in north America

 no

favorable treatment of internal suppliers,
70% among all

 50%

productivity improvement by 1995

19

New Rules in Purchasing
by Jose Ignacio Lopez
 second

phase: sending GM teams to help
suppliers for improvement and cost
reduction

 mixed

results

 exemplary

in some, e.g., Siemens, reduction of
85% assembly line time; 95 percent of
inventory; 20% of cost

 not

sharing cost sharing in some cases
20

New Rules in Purchasing
by Jose Ignacio Lopez


forced changes of existing supplier contracts


renegotiation of five-year contract, e.g., cuts of supplier
price of 5%, 3%, 2%, 2%, 1% in the next five years



close working relationship with unions



taking proprietary designs from suppliers for open
bidding by other suppliers



sharing insufficient fixed development cost with
suppliers

21

New Rules in Purchasing
by Jose Ignacio Lopez
 results
 saving

$4 bill for GM

 poor

relationship and rating by suppliers

 some

suppliers out of business

 loss


of supplier loyalty in long term

not providing best product, nor best service

 switching

partners at opportunity

22

Concurrent
Chrysler Purchasing Policy
 long-term

partnership with suppliers

 criterion:

contribution to whole product
development and manufacturing process,
not only cost

 involving

suppliers right at the beginning

23

Contract Renegotiation with
*
the Chilean Government

http://www.negotiations.com/case/contract-renegotiation/
24

Contract Renegotiation with the
Chilean Government*




contract renegotiation over the El Teniente copper mine
in Chile in 1960’s
two parties: Kennecott, a U.S. company, and Chilean
government
background: national sentiment in Chile for foreign
companies to exploit its natural resource



overwhelmingly strong BATNA of the Chilean government
either tough financial terms or even expropriating the mine


enough local experts to manage the mine

25

Contract Renegotiation with the
Chilean Government*



What can be done by Kennecott?
a six-step win-win strategy that strengthens Kennecott’s position







1 selling a majority equity of the mining operation to the Chilean
government
2 divesting the fund into US banks; getting an outside loan, to expand the mining
operations (effect: better deal in re-negotiation)
3 having the Chilean government to guarantee the loan, with the guarantee
under the law of New York state
4 insuring as many as possible assets with U.S. backed guarantees (effect: reducing loss
in case of expropriation)
5 negotiating to sell output from expansion to clients in Europe and North
America (effect: diversifying customer base)
6 lastly selling the rights of the new contracts to a consortium of financial
institutions from Japan, the United States and Europe (effect: multi-party negotiation
in future contract renegotiation, with parties having other interests with the Chile
Government)

http://www.negotiations.com/case/contract-renegotiation/

26

Contract Renegotiation with the
Chilean Government
 final

remark: expropriation years later but
much better position for Kennecott in
negotiation

27

Preparation and Tactics
in Negotiating

28

Preparation for Negotiation
 identify

participants and set up a team

 develop

objectives

 e.g.,

price, quality, form of collaboration,
service level, long-term relationship

 gather

relevant information

 market

price, historical prices, actual cost of
supplier, history, financial strength, quality,
service level, management of supplier, possible
negotiator from supplier …
29

Preparation for Negotiation
 analyze

strengths & weaknesses for
suppliers and oneself
 for

both sides, e.g.,

 how

important is the supplier to us

 how

much time we have

 any

other backup supplier

 how

important is the order for the supplier

 financial

strength of the supplier
30

Preparation for Negotiation
 recognize
 deduce

 identify
 to

other party’s needs

real needs in others’ perspectives

common goals and facts agreed

simplify discussion

 identify

issues to discuss

 (potential)

differences between the two sides

31

Preparation for Negotiation
 establish
 develop
 brief

positions and BATNA

strategies and tactics

personnel

 practice

the negotiation

32

Tactics







argue based on facts
answer carefully
mind other side’s feeling
know the deadline
avoid trapping oneself in a
corner









e.g., “accept or no deal”

have courage to say no
start with lowest
start with highest
show honesty
take the initiative
listen



disappearance of key persons



never give up



fictitious competition


unethical



order issues



take a rest to cool down



check security



select venue



use threat



side track the issue



raise questions



keep silent
33

Concessions


give-and-take being common in negotiation



guidelines for making concessions


reserve room for concessions



first understand the other side’s needs and objectives



first to concede minor but not the first to concede major



portray unimportant concessions as valuable



fight before every concession
34

Concessions
 guidelines
 give,

for making concessions

and remember to take

 concede
 never

slowly and by little

reveal deadline

 say

“no” occasionally

 try

not to retrieve concessions

 record

of concessions
35

Power in Negotiation
power: the ability to influence
 sources of negotiating power


informational power: presenting relevant facts and
persuasive argument
 reward power
 coercive power
 legitimate power: credentials of experts
 referent power: socially acceptable personal qualities
and attributes, e.g., physical, honesty, charisma,
friendliness, sensitivity


36

Win-Win Negotiation


win-lose – competitive or distributive bargaining



win-win – collaboration or integrative bargaining


beneficial to both sides usually by increasing value or expanding
resources to all participants



equitable sharing of profit or cost



tactics


expand the pie



logroll



compensation for compliance



a bridge solution

37

Getting to Yes
Negotiating Agreement Without Giving In
By Roger Fisher & William Ury

38

Tips from the Book
 don’t

bargain over positions

 separate
 focus

on interests, not positions

 invent
 insist

the people from the problem

options for Mutual Gain

on using objective criteria

39

Don’t Bargain Over Positions


C: customer; S: Shopkeeper



C: How much do you want for this brass dish?



S: That is beautiful antique, isn’t it? I guess I could let it go for $75.



C: Oh come on, it’s dented. I’ll give you $15.



S: Really! I might consider a serious offer, but $15 is certainly isn’t serious.



C: Well, I could to to $20, but I would never pay anything like $75. Quote me a realistic price.



S: You rive a hard bargain, young lady. $60 cash, right now.



C: $25.



S: It cost me a great deal more than that. Make me a serious offer.



C: $37.50. That’s the highest I will go.



S: Have you noticed the engraving on that dish? Next year pieces like that will be worth twice
what you pay today.

40

Focus on Interests, Not Positions
 Negotiation

between Egypt and Israel at
Camp David in 1879
 Egyptian Sinai Peninsula occupied by Israel
since the Six Day War in 1967
 Positions
 Egypt:

getting back whole Sinai Peninsula
 Israel: holding part of Sinai Peninsula for
national security
41

Focus on Interests, Not Positions
 interests
 Egypt:

sovereignty

 Israel:

national security

 Result:

returned the whole Sinai Peninsula
to Egypt and de-militarized large area for
security of Israel

42

Insist on using Objective Criteria

















I: Insurance Adjuster; T; Tom
I: We have studied your case and have decided the policy applies. That means you’re entitled
to a settlement of $6,600.
T: I see. How did you reach that figure?
I: That’s how much we decided the car was worth.
T: I understand, but what standard did you use to determine that amount? Do you know
where I can buy a comparable car for that much?
I: How much are you asking for?
T: Whatever I’m entitled to under the policy. I found a secondhand car just about like it for
$7,700. Adding eh sales and excise tax, it would come to about $8,000.
I: $8,000! That’s too much.
T: I’m not asking for $8,000 or $6,000 or $10,000, but for fair compensation. Do you agree that
it’s only fair I get enough to replace the car?
I: OK, I’ll offer you $7,000. That’s the highest I can go. Company policy.
T: How does the company figure that?
I: Look. $7,000 is all you’ll get. Take it or leave it.
T: $7,000 may be fair. I don’t know. I certainly understand your position if you’re bound by
company policy. But unless you can state objectively why that amount is what I’m entitled to, I
think I’ll do better in court. Why don’t we study the matter and talk again? Is Wednesday at
eleven a good time to talk?
….

43

Insist on using Objective Criteria















….
I: Ok, Mr. Griffith, I’ve got an adhere in today’s paper offering an ‘89 Taurus
for $6,800.
T: I see. What does it say about mileage?
I: 49,000. Why?
T: Because mine only had 25,000 miles. How many dollars does that increase
the worth in your book?
I: Let me see … $450.
T: Assuming the $6,800 as one possible base, that brings the figure to $7,250.
Does the ad say anything about a radio?
I: No.
T: How much extra for that in your book?
I: $125.
T: How much for air conditioning?
……
A half-hour later Tom walked out with a check for $8,024.
44


Slide 3

Negotiation

1

Outline
 standard

terms of negotiation

 examples

of negotiation

 David
 price

and Goliath

negotiation in a channel

 force-cost
a

reduction

company and a government

 preparation

and tactics of negotiation
2

Standard Terms in Negotiating

3

Negotiation


formal communication to seek mutual agreement


usually verbally



often between two sides



on sharing and allocation of resources, cost,
benefits, etc.



skills


required preparation



sharpened by practice
4

Terms in Negotiation
 BATNA

(best alternative to a negotiated
agreement) (底線)

 positions

(立場)

 interests

(利益)

 needs

(需要)

 wants

(願望)
5

Conditions to Use Negotiation
 expensive

operations



high-value, large-volume contract



complex technical requirements on product and
process, possibly evolving specifications



capital-intensive items, e.g., plant and equipment



special buyer-supplier relationship



important value-adding activities required from
suppler
6

Examples

7

Which Side Won?
 rental

negotiation

age
group size
status
company
Position in company

Party A
middle age
two, couple
landlord
local
owner

Party B
20’s
single
potential tenant
foreign
employee

8

Which Side Won?
 story
 potential

tenant slow in responding

 property

price gone up

 higher

rental expected by developers

9

Rental Contract Negotiation
by Mr. Stanley Yen
 Mr

Stanley Yen

 1971

June: started as a messenger in the
Taiwan branch of American Express (AET)

 1971

end: took care also general affairs of AET

…

 Now:

a living legend in tourism, management,
social welfare, …
10

Rental Contract Negotiation
by Mr. Stanley Yen


Mr. Yen, “How come you do this? As a custom of
foreign company, I recorded the agreed rental in a
memo.”



mutual respect that grew into long-term
employee-employer and then family-type
relationship



lessons


systematic



polite
11

Real-life Negotiation
with Suppliers

12

Examples of Price Negotiation


some general practice: 5th video clipping 00:14:20
to 00:20:20


depending on opponents




intellectual, traditional, personality

possessing information


BANTA and needs of opponents



market price, actual production cost



strengthen and BANTA of my company

13

Jose Ignacio Lopez
de Arriortua

14

Force-cost Reduction
 win-lose
 acting

strategy

personally, offensively, and emotionally

 demanding

 changing

immediate effect

existing contracts

 threatening

reduction or less no business

http://www.projectmagazine.com/monitoring-and-controlling/53cost/270-qforcedq-cost-reduction-how-to-respond
15

Deep Trouble of GM in Early 90’s

Michael H. Moffett and Willian E. Youngdahl (1999) Jose Ignacio Lopez de
Arriortua, Thunderbird International Business Review, 41(2) 179-194

16

Life of Jose Ignacio Lopez






doctorate in industrial engineering
196980: Firestone, Spain
198086: GM European operations, Spain
1986: GM’s Opel, Germany
1987: head of purchasing for Europe




work with Jack Smith to make GM Europe profitable

1992, April: VP of Worldwide purchasing of GM


Jack Smith as president of GM in Spring 92

18

New Rules in Purchasing
by Jose Ignacio Lopez
 new
 all

rules
supply contracts by bidding

a

minimum of 10 bids for a supply contract, at least
one not in north America

 no

favorable treatment of internal suppliers,
70% among all

 50%

productivity improvement by 1995

19

New Rules in Purchasing
by Jose Ignacio Lopez
 second

phase: sending GM teams to help
suppliers for improvement and cost
reduction

 mixed

results

 exemplary

in some, e.g., Siemens, reduction of
85% assembly line time; 95 percent of
inventory; 20% of cost

 not

sharing cost sharing in some cases
20

New Rules in Purchasing
by Jose Ignacio Lopez


forced changes of existing supplier contracts


renegotiation of five-year contract, e.g., cuts of supplier
price of 5%, 3%, 2%, 2%, 1% in the next five years



close working relationship with unions



taking proprietary designs from suppliers for open
bidding by other suppliers



sharing insufficient fixed development cost with
suppliers

21

New Rules in Purchasing
by Jose Ignacio Lopez
 results
 saving

$4 bill for GM

 poor

relationship and rating by suppliers

 some

suppliers out of business

 loss


of supplier loyalty in long term

not providing best product, nor best service

 switching

partners at opportunity

22

Concurrent
Chrysler Purchasing Policy
 long-term

partnership with suppliers

 criterion:

contribution to whole product
development and manufacturing process,
not only cost

 involving

suppliers right at the beginning

23

Contract Renegotiation with
*
the Chilean Government

http://www.negotiations.com/case/contract-renegotiation/
24

Contract Renegotiation with the
Chilean Government*




contract renegotiation over the El Teniente copper mine
in Chile in 1960’s
two parties: Kennecott, a U.S. company, and Chilean
government
background: national sentiment in Chile for foreign
companies to exploit its natural resource



overwhelmingly strong BATNA of the Chilean government
either tough financial terms or even expropriating the mine


enough local experts to manage the mine

25

Contract Renegotiation with the
Chilean Government*



What can be done by Kennecott?
a six-step win-win strategy that strengthens Kennecott’s position







1 selling a majority equity of the mining operation to the Chilean
government
2 divesting the fund into US banks; getting an outside loan, to expand the mining
operations (effect: better deal in re-negotiation)
3 having the Chilean government to guarantee the loan, with the guarantee
under the law of New York state
4 insuring as many as possible assets with U.S. backed guarantees (effect: reducing loss
in case of expropriation)
5 negotiating to sell output from expansion to clients in Europe and North
America (effect: diversifying customer base)
6 lastly selling the rights of the new contracts to a consortium of financial
institutions from Japan, the United States and Europe (effect: multi-party negotiation
in future contract renegotiation, with parties having other interests with the Chile
Government)

http://www.negotiations.com/case/contract-renegotiation/

26

Contract Renegotiation with the
Chilean Government
 final

remark: expropriation years later but
much better position for Kennecott in
negotiation

27

Preparation and Tactics
in Negotiating

28

Preparation for Negotiation
 identify

participants and set up a team

 develop

objectives

 e.g.,

price, quality, form of collaboration,
service level, long-term relationship

 gather

relevant information

 market

price, historical prices, actual cost of
supplier, history, financial strength, quality,
service level, management of supplier, possible
negotiator from supplier …
29

Preparation for Negotiation
 analyze

strengths & weaknesses for
suppliers and oneself
 for

both sides, e.g.,

 how

important is the supplier to us

 how

much time we have

 any

other backup supplier

 how

important is the order for the supplier

 financial

strength of the supplier
30

Preparation for Negotiation
 recognize
 deduce

 identify
 to

other party’s needs

real needs in others’ perspectives

common goals and facts agreed

simplify discussion

 identify

issues to discuss

 (potential)

differences between the two sides

31

Preparation for Negotiation
 establish
 develop
 brief

positions and BATNA

strategies and tactics

personnel

 practice

the negotiation

32

Tactics







argue based on facts
answer carefully
mind other side’s feeling
know the deadline
avoid trapping oneself in a
corner









e.g., “accept or no deal”

have courage to say no
start with lowest
start with highest
show honesty
take the initiative
listen



disappearance of key persons



never give up



fictitious competition


unethical



order issues



take a rest to cool down



check security



select venue



use threat



side track the issue



raise questions



keep silent
33

Concessions


give-and-take being common in negotiation



guidelines for making concessions


reserve room for concessions



first understand the other side’s needs and objectives



first to concede minor but not the first to concede major



portray unimportant concessions as valuable



fight before every concession
34

Concessions
 guidelines
 give,

for making concessions

and remember to take

 concede
 never

slowly and by little

reveal deadline

 say

“no” occasionally

 try

not to retrieve concessions

 record

of concessions
35

Power in Negotiation
power: the ability to influence
 sources of negotiating power


informational power: presenting relevant facts and
persuasive argument
 reward power
 coercive power
 legitimate power: credentials of experts
 referent power: socially acceptable personal qualities
and attributes, e.g., physical, honesty, charisma,
friendliness, sensitivity


36

Win-Win Negotiation


win-lose – competitive or distributive bargaining



win-win – collaboration or integrative bargaining


beneficial to both sides usually by increasing value or expanding
resources to all participants



equitable sharing of profit or cost



tactics


expand the pie



logroll



compensation for compliance



a bridge solution

37

Getting to Yes
Negotiating Agreement Without Giving In
By Roger Fisher & William Ury

38

Tips from the Book
 don’t

bargain over positions

 separate
 focus

on interests, not positions

 invent
 insist

the people from the problem

options for Mutual Gain

on using objective criteria

39

Don’t Bargain Over Positions


C: customer; S: Shopkeeper



C: How much do you want for this brass dish?



S: That is beautiful antique, isn’t it? I guess I could let it go for $75.



C: Oh come on, it’s dented. I’ll give you $15.



S: Really! I might consider a serious offer, but $15 is certainly isn’t serious.



C: Well, I could to to $20, but I would never pay anything like $75. Quote me a realistic price.



S: You rive a hard bargain, young lady. $60 cash, right now.



C: $25.



S: It cost me a great deal more than that. Make me a serious offer.



C: $37.50. That’s the highest I will go.



S: Have you noticed the engraving on that dish? Next year pieces like that will be worth twice
what you pay today.

40

Focus on Interests, Not Positions
 Negotiation

between Egypt and Israel at
Camp David in 1879
 Egyptian Sinai Peninsula occupied by Israel
since the Six Day War in 1967
 Positions
 Egypt:

getting back whole Sinai Peninsula
 Israel: holding part of Sinai Peninsula for
national security
41

Focus on Interests, Not Positions
 interests
 Egypt:

sovereignty

 Israel:

national security

 Result:

returned the whole Sinai Peninsula
to Egypt and de-militarized large area for
security of Israel

42

Insist on using Objective Criteria

















I: Insurance Adjuster; T; Tom
I: We have studied your case and have decided the policy applies. That means you’re entitled
to a settlement of $6,600.
T: I see. How did you reach that figure?
I: That’s how much we decided the car was worth.
T: I understand, but what standard did you use to determine that amount? Do you know
where I can buy a comparable car for that much?
I: How much are you asking for?
T: Whatever I’m entitled to under the policy. I found a secondhand car just about like it for
$7,700. Adding eh sales and excise tax, it would come to about $8,000.
I: $8,000! That’s too much.
T: I’m not asking for $8,000 or $6,000 or $10,000, but for fair compensation. Do you agree that
it’s only fair I get enough to replace the car?
I: OK, I’ll offer you $7,000. That’s the highest I can go. Company policy.
T: How does the company figure that?
I: Look. $7,000 is all you’ll get. Take it or leave it.
T: $7,000 may be fair. I don’t know. I certainly understand your position if you’re bound by
company policy. But unless you can state objectively why that amount is what I’m entitled to, I
think I’ll do better in court. Why don’t we study the matter and talk again? Is Wednesday at
eleven a good time to talk?
….

43

Insist on using Objective Criteria















….
I: Ok, Mr. Griffith, I’ve got an adhere in today’s paper offering an ‘89 Taurus
for $6,800.
T: I see. What does it say about mileage?
I: 49,000. Why?
T: Because mine only had 25,000 miles. How many dollars does that increase
the worth in your book?
I: Let me see … $450.
T: Assuming the $6,800 as one possible base, that brings the figure to $7,250.
Does the ad say anything about a radio?
I: No.
T: How much extra for that in your book?
I: $125.
T: How much for air conditioning?
……
A half-hour later Tom walked out with a check for $8,024.
44


Slide 4

Negotiation

1

Outline
 standard

terms of negotiation

 examples

of negotiation

 David
 price

and Goliath

negotiation in a channel

 force-cost
a

reduction

company and a government

 preparation

and tactics of negotiation
2

Standard Terms in Negotiating

3

Negotiation


formal communication to seek mutual agreement


usually verbally



often between two sides



on sharing and allocation of resources, cost,
benefits, etc.



skills


required preparation



sharpened by practice
4

Terms in Negotiation
 BATNA

(best alternative to a negotiated
agreement) (底線)

 positions

(立場)

 interests

(利益)

 needs

(需要)

 wants

(願望)
5

Conditions to Use Negotiation
 expensive

operations



high-value, large-volume contract



complex technical requirements on product and
process, possibly evolving specifications



capital-intensive items, e.g., plant and equipment



special buyer-supplier relationship



important value-adding activities required from
suppler
6

Examples

7

Which Side Won?
 rental

negotiation

age
group size
status
company
Position in company

Party A
middle age
two, couple
landlord
local
owner

Party B
20’s
single
potential tenant
foreign
employee

8

Which Side Won?
 story
 potential

tenant slow in responding

 property

price gone up

 higher

rental expected by developers

9

Rental Contract Negotiation
by Mr. Stanley Yen
 Mr

Stanley Yen

 1971

June: started as a messenger in the
Taiwan branch of American Express (AET)

 1971

end: took care also general affairs of AET

…

 Now:

a living legend in tourism, management,
social welfare, …
10

Rental Contract Negotiation
by Mr. Stanley Yen


Mr. Yen, “How come you do this? As a custom of
foreign company, I recorded the agreed rental in a
memo.”



mutual respect that grew into long-term
employee-employer and then family-type
relationship



lessons


systematic



polite
11

Real-life Negotiation
with Suppliers

12

Examples of Price Negotiation


some general practice: 5th video clipping 00:14:20
to 00:20:20


depending on opponents




intellectual, traditional, personality

possessing information


BANTA and needs of opponents



market price, actual production cost



strengthen and BANTA of my company

13

Jose Ignacio Lopez
de Arriortua

14

Force-cost Reduction
 win-lose
 acting

strategy

personally, offensively, and emotionally

 demanding

 changing

immediate effect

existing contracts

 threatening

reduction or less no business

http://www.projectmagazine.com/monitoring-and-controlling/53cost/270-qforcedq-cost-reduction-how-to-respond
15

Deep Trouble of GM in Early 90’s

Michael H. Moffett and Willian E. Youngdahl (1999) Jose Ignacio Lopez de
Arriortua, Thunderbird International Business Review, 41(2) 179-194

16

Life of Jose Ignacio Lopez






doctorate in industrial engineering
196980: Firestone, Spain
198086: GM European operations, Spain
1986: GM’s Opel, Germany
1987: head of purchasing for Europe




work with Jack Smith to make GM Europe profitable

1992, April: VP of Worldwide purchasing of GM


Jack Smith as president of GM in Spring 92

18

New Rules in Purchasing
by Jose Ignacio Lopez
 new
 all

rules
supply contracts by bidding

a

minimum of 10 bids for a supply contract, at least
one not in north America

 no

favorable treatment of internal suppliers,
70% among all

 50%

productivity improvement by 1995

19

New Rules in Purchasing
by Jose Ignacio Lopez
 second

phase: sending GM teams to help
suppliers for improvement and cost
reduction

 mixed

results

 exemplary

in some, e.g., Siemens, reduction of
85% assembly line time; 95 percent of
inventory; 20% of cost

 not

sharing cost sharing in some cases
20

New Rules in Purchasing
by Jose Ignacio Lopez


forced changes of existing supplier contracts


renegotiation of five-year contract, e.g., cuts of supplier
price of 5%, 3%, 2%, 2%, 1% in the next five years



close working relationship with unions



taking proprietary designs from suppliers for open
bidding by other suppliers



sharing insufficient fixed development cost with
suppliers

21

New Rules in Purchasing
by Jose Ignacio Lopez
 results
 saving

$4 bill for GM

 poor

relationship and rating by suppliers

 some

suppliers out of business

 loss


of supplier loyalty in long term

not providing best product, nor best service

 switching

partners at opportunity

22

Concurrent
Chrysler Purchasing Policy
 long-term

partnership with suppliers

 criterion:

contribution to whole product
development and manufacturing process,
not only cost

 involving

suppliers right at the beginning

23

Contract Renegotiation with
*
the Chilean Government

http://www.negotiations.com/case/contract-renegotiation/
24

Contract Renegotiation with the
Chilean Government*




contract renegotiation over the El Teniente copper mine
in Chile in 1960’s
two parties: Kennecott, a U.S. company, and Chilean
government
background: national sentiment in Chile for foreign
companies to exploit its natural resource



overwhelmingly strong BATNA of the Chilean government
either tough financial terms or even expropriating the mine


enough local experts to manage the mine

25

Contract Renegotiation with the
Chilean Government*



What can be done by Kennecott?
a six-step win-win strategy that strengthens Kennecott’s position







1 selling a majority equity of the mining operation to the Chilean
government
2 divesting the fund into US banks; getting an outside loan, to expand the mining
operations (effect: better deal in re-negotiation)
3 having the Chilean government to guarantee the loan, with the guarantee
under the law of New York state
4 insuring as many as possible assets with U.S. backed guarantees (effect: reducing loss
in case of expropriation)
5 negotiating to sell output from expansion to clients in Europe and North
America (effect: diversifying customer base)
6 lastly selling the rights of the new contracts to a consortium of financial
institutions from Japan, the United States and Europe (effect: multi-party negotiation
in future contract renegotiation, with parties having other interests with the Chile
Government)

http://www.negotiations.com/case/contract-renegotiation/

26

Contract Renegotiation with the
Chilean Government
 final

remark: expropriation years later but
much better position for Kennecott in
negotiation

27

Preparation and Tactics
in Negotiating

28

Preparation for Negotiation
 identify

participants and set up a team

 develop

objectives

 e.g.,

price, quality, form of collaboration,
service level, long-term relationship

 gather

relevant information

 market

price, historical prices, actual cost of
supplier, history, financial strength, quality,
service level, management of supplier, possible
negotiator from supplier …
29

Preparation for Negotiation
 analyze

strengths & weaknesses for
suppliers and oneself
 for

both sides, e.g.,

 how

important is the supplier to us

 how

much time we have

 any

other backup supplier

 how

important is the order for the supplier

 financial

strength of the supplier
30

Preparation for Negotiation
 recognize
 deduce

 identify
 to

other party’s needs

real needs in others’ perspectives

common goals and facts agreed

simplify discussion

 identify

issues to discuss

 (potential)

differences between the two sides

31

Preparation for Negotiation
 establish
 develop
 brief

positions and BATNA

strategies and tactics

personnel

 practice

the negotiation

32

Tactics







argue based on facts
answer carefully
mind other side’s feeling
know the deadline
avoid trapping oneself in a
corner









e.g., “accept or no deal”

have courage to say no
start with lowest
start with highest
show honesty
take the initiative
listen



disappearance of key persons



never give up



fictitious competition


unethical



order issues



take a rest to cool down



check security



select venue



use threat



side track the issue



raise questions



keep silent
33

Concessions


give-and-take being common in negotiation



guidelines for making concessions


reserve room for concessions



first understand the other side’s needs and objectives



first to concede minor but not the first to concede major



portray unimportant concessions as valuable



fight before every concession
34

Concessions
 guidelines
 give,

for making concessions

and remember to take

 concede
 never

slowly and by little

reveal deadline

 say

“no” occasionally

 try

not to retrieve concessions

 record

of concessions
35

Power in Negotiation
power: the ability to influence
 sources of negotiating power


informational power: presenting relevant facts and
persuasive argument
 reward power
 coercive power
 legitimate power: credentials of experts
 referent power: socially acceptable personal qualities
and attributes, e.g., physical, honesty, charisma,
friendliness, sensitivity


36

Win-Win Negotiation


win-lose – competitive or distributive bargaining



win-win – collaboration or integrative bargaining


beneficial to both sides usually by increasing value or expanding
resources to all participants



equitable sharing of profit or cost



tactics


expand the pie



logroll



compensation for compliance



a bridge solution

37

Getting to Yes
Negotiating Agreement Without Giving In
By Roger Fisher & William Ury

38

Tips from the Book
 don’t

bargain over positions

 separate
 focus

on interests, not positions

 invent
 insist

the people from the problem

options for Mutual Gain

on using objective criteria

39

Don’t Bargain Over Positions


C: customer; S: Shopkeeper



C: How much do you want for this brass dish?



S: That is beautiful antique, isn’t it? I guess I could let it go for $75.



C: Oh come on, it’s dented. I’ll give you $15.



S: Really! I might consider a serious offer, but $15 is certainly isn’t serious.



C: Well, I could to to $20, but I would never pay anything like $75. Quote me a realistic price.



S: You rive a hard bargain, young lady. $60 cash, right now.



C: $25.



S: It cost me a great deal more than that. Make me a serious offer.



C: $37.50. That’s the highest I will go.



S: Have you noticed the engraving on that dish? Next year pieces like that will be worth twice
what you pay today.

40

Focus on Interests, Not Positions
 Negotiation

between Egypt and Israel at
Camp David in 1879
 Egyptian Sinai Peninsula occupied by Israel
since the Six Day War in 1967
 Positions
 Egypt:

getting back whole Sinai Peninsula
 Israel: holding part of Sinai Peninsula for
national security
41

Focus on Interests, Not Positions
 interests
 Egypt:

sovereignty

 Israel:

national security

 Result:

returned the whole Sinai Peninsula
to Egypt and de-militarized large area for
security of Israel

42

Insist on using Objective Criteria

















I: Insurance Adjuster; T; Tom
I: We have studied your case and have decided the policy applies. That means you’re entitled
to a settlement of $6,600.
T: I see. How did you reach that figure?
I: That’s how much we decided the car was worth.
T: I understand, but what standard did you use to determine that amount? Do you know
where I can buy a comparable car for that much?
I: How much are you asking for?
T: Whatever I’m entitled to under the policy. I found a secondhand car just about like it for
$7,700. Adding eh sales and excise tax, it would come to about $8,000.
I: $8,000! That’s too much.
T: I’m not asking for $8,000 or $6,000 or $10,000, but for fair compensation. Do you agree that
it’s only fair I get enough to replace the car?
I: OK, I’ll offer you $7,000. That’s the highest I can go. Company policy.
T: How does the company figure that?
I: Look. $7,000 is all you’ll get. Take it or leave it.
T: $7,000 may be fair. I don’t know. I certainly understand your position if you’re bound by
company policy. But unless you can state objectively why that amount is what I’m entitled to, I
think I’ll do better in court. Why don’t we study the matter and talk again? Is Wednesday at
eleven a good time to talk?
….

43

Insist on using Objective Criteria















….
I: Ok, Mr. Griffith, I’ve got an adhere in today’s paper offering an ‘89 Taurus
for $6,800.
T: I see. What does it say about mileage?
I: 49,000. Why?
T: Because mine only had 25,000 miles. How many dollars does that increase
the worth in your book?
I: Let me see … $450.
T: Assuming the $6,800 as one possible base, that brings the figure to $7,250.
Does the ad say anything about a radio?
I: No.
T: How much extra for that in your book?
I: $125.
T: How much for air conditioning?
……
A half-hour later Tom walked out with a check for $8,024.
44


Slide 5

Negotiation

1

Outline
 standard

terms of negotiation

 examples

of negotiation

 David
 price

and Goliath

negotiation in a channel

 force-cost
a

reduction

company and a government

 preparation

and tactics of negotiation
2

Standard Terms in Negotiating

3

Negotiation


formal communication to seek mutual agreement


usually verbally



often between two sides



on sharing and allocation of resources, cost,
benefits, etc.



skills


required preparation



sharpened by practice
4

Terms in Negotiation
 BATNA

(best alternative to a negotiated
agreement) (底線)

 positions

(立場)

 interests

(利益)

 needs

(需要)

 wants

(願望)
5

Conditions to Use Negotiation
 expensive

operations



high-value, large-volume contract



complex technical requirements on product and
process, possibly evolving specifications



capital-intensive items, e.g., plant and equipment



special buyer-supplier relationship



important value-adding activities required from
suppler
6

Examples

7

Which Side Won?
 rental

negotiation

age
group size
status
company
Position in company

Party A
middle age
two, couple
landlord
local
owner

Party B
20’s
single
potential tenant
foreign
employee

8

Which Side Won?
 story
 potential

tenant slow in responding

 property

price gone up

 higher

rental expected by developers

9

Rental Contract Negotiation
by Mr. Stanley Yen
 Mr

Stanley Yen

 1971

June: started as a messenger in the
Taiwan branch of American Express (AET)

 1971

end: took care also general affairs of AET

…

 Now:

a living legend in tourism, management,
social welfare, …
10

Rental Contract Negotiation
by Mr. Stanley Yen


Mr. Yen, “How come you do this? As a custom of
foreign company, I recorded the agreed rental in a
memo.”



mutual respect that grew into long-term
employee-employer and then family-type
relationship



lessons


systematic



polite
11

Real-life Negotiation
with Suppliers

12

Examples of Price Negotiation


some general practice: 5th video clipping 00:14:20
to 00:20:20


depending on opponents




intellectual, traditional, personality

possessing information


BANTA and needs of opponents



market price, actual production cost



strengthen and BANTA of my company

13

Jose Ignacio Lopez
de Arriortua

14

Force-cost Reduction
 win-lose
 acting

strategy

personally, offensively, and emotionally

 demanding

 changing

immediate effect

existing contracts

 threatening

reduction or less no business

http://www.projectmagazine.com/monitoring-and-controlling/53cost/270-qforcedq-cost-reduction-how-to-respond
15

Deep Trouble of GM in Early 90’s

Michael H. Moffett and Willian E. Youngdahl (1999) Jose Ignacio Lopez de
Arriortua, Thunderbird International Business Review, 41(2) 179-194

16

Life of Jose Ignacio Lopez






doctorate in industrial engineering
196980: Firestone, Spain
198086: GM European operations, Spain
1986: GM’s Opel, Germany
1987: head of purchasing for Europe




work with Jack Smith to make GM Europe profitable

1992, April: VP of Worldwide purchasing of GM


Jack Smith as president of GM in Spring 92

18

New Rules in Purchasing
by Jose Ignacio Lopez
 new
 all

rules
supply contracts by bidding

a

minimum of 10 bids for a supply contract, at least
one not in north America

 no

favorable treatment of internal suppliers,
70% among all

 50%

productivity improvement by 1995

19

New Rules in Purchasing
by Jose Ignacio Lopez
 second

phase: sending GM teams to help
suppliers for improvement and cost
reduction

 mixed

results

 exemplary

in some, e.g., Siemens, reduction of
85% assembly line time; 95 percent of
inventory; 20% of cost

 not

sharing cost sharing in some cases
20

New Rules in Purchasing
by Jose Ignacio Lopez


forced changes of existing supplier contracts


renegotiation of five-year contract, e.g., cuts of supplier
price of 5%, 3%, 2%, 2%, 1% in the next five years



close working relationship with unions



taking proprietary designs from suppliers for open
bidding by other suppliers



sharing insufficient fixed development cost with
suppliers

21

New Rules in Purchasing
by Jose Ignacio Lopez
 results
 saving

$4 bill for GM

 poor

relationship and rating by suppliers

 some

suppliers out of business

 loss


of supplier loyalty in long term

not providing best product, nor best service

 switching

partners at opportunity

22

Concurrent
Chrysler Purchasing Policy
 long-term

partnership with suppliers

 criterion:

contribution to whole product
development and manufacturing process,
not only cost

 involving

suppliers right at the beginning

23

Contract Renegotiation with
*
the Chilean Government

http://www.negotiations.com/case/contract-renegotiation/
24

Contract Renegotiation with the
Chilean Government*




contract renegotiation over the El Teniente copper mine
in Chile in 1960’s
two parties: Kennecott, a U.S. company, and Chilean
government
background: national sentiment in Chile for foreign
companies to exploit its natural resource



overwhelmingly strong BATNA of the Chilean government
either tough financial terms or even expropriating the mine


enough local experts to manage the mine

25

Contract Renegotiation with the
Chilean Government*



What can be done by Kennecott?
a six-step win-win strategy that strengthens Kennecott’s position







1 selling a majority equity of the mining operation to the Chilean
government
2 divesting the fund into US banks; getting an outside loan, to expand the mining
operations (effect: better deal in re-negotiation)
3 having the Chilean government to guarantee the loan, with the guarantee
under the law of New York state
4 insuring as many as possible assets with U.S. backed guarantees (effect: reducing loss
in case of expropriation)
5 negotiating to sell output from expansion to clients in Europe and North
America (effect: diversifying customer base)
6 lastly selling the rights of the new contracts to a consortium of financial
institutions from Japan, the United States and Europe (effect: multi-party negotiation
in future contract renegotiation, with parties having other interests with the Chile
Government)

http://www.negotiations.com/case/contract-renegotiation/

26

Contract Renegotiation with the
Chilean Government
 final

remark: expropriation years later but
much better position for Kennecott in
negotiation

27

Preparation and Tactics
in Negotiating

28

Preparation for Negotiation
 identify

participants and set up a team

 develop

objectives

 e.g.,

price, quality, form of collaboration,
service level, long-term relationship

 gather

relevant information

 market

price, historical prices, actual cost of
supplier, history, financial strength, quality,
service level, management of supplier, possible
negotiator from supplier …
29

Preparation for Negotiation
 analyze

strengths & weaknesses for
suppliers and oneself
 for

both sides, e.g.,

 how

important is the supplier to us

 how

much time we have

 any

other backup supplier

 how

important is the order for the supplier

 financial

strength of the supplier
30

Preparation for Negotiation
 recognize
 deduce

 identify
 to

other party’s needs

real needs in others’ perspectives

common goals and facts agreed

simplify discussion

 identify

issues to discuss

 (potential)

differences between the two sides

31

Preparation for Negotiation
 establish
 develop
 brief

positions and BATNA

strategies and tactics

personnel

 practice

the negotiation

32

Tactics







argue based on facts
answer carefully
mind other side’s feeling
know the deadline
avoid trapping oneself in a
corner









e.g., “accept or no deal”

have courage to say no
start with lowest
start with highest
show honesty
take the initiative
listen



disappearance of key persons



never give up



fictitious competition


unethical



order issues



take a rest to cool down



check security



select venue



use threat



side track the issue



raise questions



keep silent
33

Concessions


give-and-take being common in negotiation



guidelines for making concessions


reserve room for concessions



first understand the other side’s needs and objectives



first to concede minor but not the first to concede major



portray unimportant concessions as valuable



fight before every concession
34

Concessions
 guidelines
 give,

for making concessions

and remember to take

 concede
 never

slowly and by little

reveal deadline

 say

“no” occasionally

 try

not to retrieve concessions

 record

of concessions
35

Power in Negotiation
power: the ability to influence
 sources of negotiating power


informational power: presenting relevant facts and
persuasive argument
 reward power
 coercive power
 legitimate power: credentials of experts
 referent power: socially acceptable personal qualities
and attributes, e.g., physical, honesty, charisma,
friendliness, sensitivity


36

Win-Win Negotiation


win-lose – competitive or distributive bargaining



win-win – collaboration or integrative bargaining


beneficial to both sides usually by increasing value or expanding
resources to all participants



equitable sharing of profit or cost



tactics


expand the pie



logroll



compensation for compliance



a bridge solution

37

Getting to Yes
Negotiating Agreement Without Giving In
By Roger Fisher & William Ury

38

Tips from the Book
 don’t

bargain over positions

 separate
 focus

on interests, not positions

 invent
 insist

the people from the problem

options for Mutual Gain

on using objective criteria

39

Don’t Bargain Over Positions


C: customer; S: Shopkeeper



C: How much do you want for this brass dish?



S: That is beautiful antique, isn’t it? I guess I could let it go for $75.



C: Oh come on, it’s dented. I’ll give you $15.



S: Really! I might consider a serious offer, but $15 is certainly isn’t serious.



C: Well, I could to to $20, but I would never pay anything like $75. Quote me a realistic price.



S: You rive a hard bargain, young lady. $60 cash, right now.



C: $25.



S: It cost me a great deal more than that. Make me a serious offer.



C: $37.50. That’s the highest I will go.



S: Have you noticed the engraving on that dish? Next year pieces like that will be worth twice
what you pay today.

40

Focus on Interests, Not Positions
 Negotiation

between Egypt and Israel at
Camp David in 1879
 Egyptian Sinai Peninsula occupied by Israel
since the Six Day War in 1967
 Positions
 Egypt:

getting back whole Sinai Peninsula
 Israel: holding part of Sinai Peninsula for
national security
41

Focus on Interests, Not Positions
 interests
 Egypt:

sovereignty

 Israel:

national security

 Result:

returned the whole Sinai Peninsula
to Egypt and de-militarized large area for
security of Israel

42

Insist on using Objective Criteria

















I: Insurance Adjuster; T; Tom
I: We have studied your case and have decided the policy applies. That means you’re entitled
to a settlement of $6,600.
T: I see. How did you reach that figure?
I: That’s how much we decided the car was worth.
T: I understand, but what standard did you use to determine that amount? Do you know
where I can buy a comparable car for that much?
I: How much are you asking for?
T: Whatever I’m entitled to under the policy. I found a secondhand car just about like it for
$7,700. Adding eh sales and excise tax, it would come to about $8,000.
I: $8,000! That’s too much.
T: I’m not asking for $8,000 or $6,000 or $10,000, but for fair compensation. Do you agree that
it’s only fair I get enough to replace the car?
I: OK, I’ll offer you $7,000. That’s the highest I can go. Company policy.
T: How does the company figure that?
I: Look. $7,000 is all you’ll get. Take it or leave it.
T: $7,000 may be fair. I don’t know. I certainly understand your position if you’re bound by
company policy. But unless you can state objectively why that amount is what I’m entitled to, I
think I’ll do better in court. Why don’t we study the matter and talk again? Is Wednesday at
eleven a good time to talk?
….

43

Insist on using Objective Criteria















….
I: Ok, Mr. Griffith, I’ve got an adhere in today’s paper offering an ‘89 Taurus
for $6,800.
T: I see. What does it say about mileage?
I: 49,000. Why?
T: Because mine only had 25,000 miles. How many dollars does that increase
the worth in your book?
I: Let me see … $450.
T: Assuming the $6,800 as one possible base, that brings the figure to $7,250.
Does the ad say anything about a radio?
I: No.
T: How much extra for that in your book?
I: $125.
T: How much for air conditioning?
……
A half-hour later Tom walked out with a check for $8,024.
44


Slide 6

Negotiation

1

Outline
 standard

terms of negotiation

 examples

of negotiation

 David
 price

and Goliath

negotiation in a channel

 force-cost
a

reduction

company and a government

 preparation

and tactics of negotiation
2

Standard Terms in Negotiating

3

Negotiation


formal communication to seek mutual agreement


usually verbally



often between two sides



on sharing and allocation of resources, cost,
benefits, etc.



skills


required preparation



sharpened by practice
4

Terms in Negotiation
 BATNA

(best alternative to a negotiated
agreement) (底線)

 positions

(立場)

 interests

(利益)

 needs

(需要)

 wants

(願望)
5

Conditions to Use Negotiation
 expensive

operations



high-value, large-volume contract



complex technical requirements on product and
process, possibly evolving specifications



capital-intensive items, e.g., plant and equipment



special buyer-supplier relationship



important value-adding activities required from
suppler
6

Examples

7

Which Side Won?
 rental

negotiation

age
group size
status
company
Position in company

Party A
middle age
two, couple
landlord
local
owner

Party B
20’s
single
potential tenant
foreign
employee

8

Which Side Won?
 story
 potential

tenant slow in responding

 property

price gone up

 higher

rental expected by developers

9

Rental Contract Negotiation
by Mr. Stanley Yen
 Mr

Stanley Yen

 1971

June: started as a messenger in the
Taiwan branch of American Express (AET)

 1971

end: took care also general affairs of AET

…

 Now:

a living legend in tourism, management,
social welfare, …
10

Rental Contract Negotiation
by Mr. Stanley Yen


Mr. Yen, “How come you do this? As a custom of
foreign company, I recorded the agreed rental in a
memo.”



mutual respect that grew into long-term
employee-employer and then family-type
relationship



lessons


systematic



polite
11

Real-life Negotiation
with Suppliers

12

Examples of Price Negotiation


some general practice: 5th video clipping 00:14:20
to 00:20:20


depending on opponents




intellectual, traditional, personality

possessing information


BANTA and needs of opponents



market price, actual production cost



strengthen and BANTA of my company

13

Jose Ignacio Lopez
de Arriortua

14

Force-cost Reduction
 win-lose
 acting

strategy

personally, offensively, and emotionally

 demanding

 changing

immediate effect

existing contracts

 threatening

reduction or less no business

http://www.projectmagazine.com/monitoring-and-controlling/53cost/270-qforcedq-cost-reduction-how-to-respond
15

Deep Trouble of GM in Early 90’s

Michael H. Moffett and Willian E. Youngdahl (1999) Jose Ignacio Lopez de
Arriortua, Thunderbird International Business Review, 41(2) 179-194

16

Life of Jose Ignacio Lopez






doctorate in industrial engineering
196980: Firestone, Spain
198086: GM European operations, Spain
1986: GM’s Opel, Germany
1987: head of purchasing for Europe




work with Jack Smith to make GM Europe profitable

1992, April: VP of Worldwide purchasing of GM


Jack Smith as president of GM in Spring 92

18

New Rules in Purchasing
by Jose Ignacio Lopez
 new
 all

rules
supply contracts by bidding

a

minimum of 10 bids for a supply contract, at least
one not in north America

 no

favorable treatment of internal suppliers,
70% among all

 50%

productivity improvement by 1995

19

New Rules in Purchasing
by Jose Ignacio Lopez
 second

phase: sending GM teams to help
suppliers for improvement and cost
reduction

 mixed

results

 exemplary

in some, e.g., Siemens, reduction of
85% assembly line time; 95 percent of
inventory; 20% of cost

 not

sharing cost sharing in some cases
20

New Rules in Purchasing
by Jose Ignacio Lopez


forced changes of existing supplier contracts


renegotiation of five-year contract, e.g., cuts of supplier
price of 5%, 3%, 2%, 2%, 1% in the next five years



close working relationship with unions



taking proprietary designs from suppliers for open
bidding by other suppliers



sharing insufficient fixed development cost with
suppliers

21

New Rules in Purchasing
by Jose Ignacio Lopez
 results
 saving

$4 bill for GM

 poor

relationship and rating by suppliers

 some

suppliers out of business

 loss


of supplier loyalty in long term

not providing best product, nor best service

 switching

partners at opportunity

22

Concurrent
Chrysler Purchasing Policy
 long-term

partnership with suppliers

 criterion:

contribution to whole product
development and manufacturing process,
not only cost

 involving

suppliers right at the beginning

23

Contract Renegotiation with
*
the Chilean Government

http://www.negotiations.com/case/contract-renegotiation/
24

Contract Renegotiation with the
Chilean Government*




contract renegotiation over the El Teniente copper mine
in Chile in 1960’s
two parties: Kennecott, a U.S. company, and Chilean
government
background: national sentiment in Chile for foreign
companies to exploit its natural resource



overwhelmingly strong BATNA of the Chilean government
either tough financial terms or even expropriating the mine


enough local experts to manage the mine

25

Contract Renegotiation with the
Chilean Government*



What can be done by Kennecott?
a six-step win-win strategy that strengthens Kennecott’s position







1 selling a majority equity of the mining operation to the Chilean
government
2 divesting the fund into US banks; getting an outside loan, to expand the mining
operations (effect: better deal in re-negotiation)
3 having the Chilean government to guarantee the loan, with the guarantee
under the law of New York state
4 insuring as many as possible assets with U.S. backed guarantees (effect: reducing loss
in case of expropriation)
5 negotiating to sell output from expansion to clients in Europe and North
America (effect: diversifying customer base)
6 lastly selling the rights of the new contracts to a consortium of financial
institutions from Japan, the United States and Europe (effect: multi-party negotiation
in future contract renegotiation, with parties having other interests with the Chile
Government)

http://www.negotiations.com/case/contract-renegotiation/

26

Contract Renegotiation with the
Chilean Government
 final

remark: expropriation years later but
much better position for Kennecott in
negotiation

27

Preparation and Tactics
in Negotiating

28

Preparation for Negotiation
 identify

participants and set up a team

 develop

objectives

 e.g.,

price, quality, form of collaboration,
service level, long-term relationship

 gather

relevant information

 market

price, historical prices, actual cost of
supplier, history, financial strength, quality,
service level, management of supplier, possible
negotiator from supplier …
29

Preparation for Negotiation
 analyze

strengths & weaknesses for
suppliers and oneself
 for

both sides, e.g.,

 how

important is the supplier to us

 how

much time we have

 any

other backup supplier

 how

important is the order for the supplier

 financial

strength of the supplier
30

Preparation for Negotiation
 recognize
 deduce

 identify
 to

other party’s needs

real needs in others’ perspectives

common goals and facts agreed

simplify discussion

 identify

issues to discuss

 (potential)

differences between the two sides

31

Preparation for Negotiation
 establish
 develop
 brief

positions and BATNA

strategies and tactics

personnel

 practice

the negotiation

32

Tactics







argue based on facts
answer carefully
mind other side’s feeling
know the deadline
avoid trapping oneself in a
corner









e.g., “accept or no deal”

have courage to say no
start with lowest
start with highest
show honesty
take the initiative
listen



disappearance of key persons



never give up



fictitious competition


unethical



order issues



take a rest to cool down



check security



select venue



use threat



side track the issue



raise questions



keep silent
33

Concessions


give-and-take being common in negotiation



guidelines for making concessions


reserve room for concessions



first understand the other side’s needs and objectives



first to concede minor but not the first to concede major



portray unimportant concessions as valuable



fight before every concession
34

Concessions
 guidelines
 give,

for making concessions

and remember to take

 concede
 never

slowly and by little

reveal deadline

 say

“no” occasionally

 try

not to retrieve concessions

 record

of concessions
35

Power in Negotiation
power: the ability to influence
 sources of negotiating power


informational power: presenting relevant facts and
persuasive argument
 reward power
 coercive power
 legitimate power: credentials of experts
 referent power: socially acceptable personal qualities
and attributes, e.g., physical, honesty, charisma,
friendliness, sensitivity


36

Win-Win Negotiation


win-lose – competitive or distributive bargaining



win-win – collaboration or integrative bargaining


beneficial to both sides usually by increasing value or expanding
resources to all participants



equitable sharing of profit or cost



tactics


expand the pie



logroll



compensation for compliance



a bridge solution

37

Getting to Yes
Negotiating Agreement Without Giving In
By Roger Fisher & William Ury

38

Tips from the Book
 don’t

bargain over positions

 separate
 focus

on interests, not positions

 invent
 insist

the people from the problem

options for Mutual Gain

on using objective criteria

39

Don’t Bargain Over Positions


C: customer; S: Shopkeeper



C: How much do you want for this brass dish?



S: That is beautiful antique, isn’t it? I guess I could let it go for $75.



C: Oh come on, it’s dented. I’ll give you $15.



S: Really! I might consider a serious offer, but $15 is certainly isn’t serious.



C: Well, I could to to $20, but I would never pay anything like $75. Quote me a realistic price.



S: You rive a hard bargain, young lady. $60 cash, right now.



C: $25.



S: It cost me a great deal more than that. Make me a serious offer.



C: $37.50. That’s the highest I will go.



S: Have you noticed the engraving on that dish? Next year pieces like that will be worth twice
what you pay today.

40

Focus on Interests, Not Positions
 Negotiation

between Egypt and Israel at
Camp David in 1879
 Egyptian Sinai Peninsula occupied by Israel
since the Six Day War in 1967
 Positions
 Egypt:

getting back whole Sinai Peninsula
 Israel: holding part of Sinai Peninsula for
national security
41

Focus on Interests, Not Positions
 interests
 Egypt:

sovereignty

 Israel:

national security

 Result:

returned the whole Sinai Peninsula
to Egypt and de-militarized large area for
security of Israel

42

Insist on using Objective Criteria

















I: Insurance Adjuster; T; Tom
I: We have studied your case and have decided the policy applies. That means you’re entitled
to a settlement of $6,600.
T: I see. How did you reach that figure?
I: That’s how much we decided the car was worth.
T: I understand, but what standard did you use to determine that amount? Do you know
where I can buy a comparable car for that much?
I: How much are you asking for?
T: Whatever I’m entitled to under the policy. I found a secondhand car just about like it for
$7,700. Adding eh sales and excise tax, it would come to about $8,000.
I: $8,000! That’s too much.
T: I’m not asking for $8,000 or $6,000 or $10,000, but for fair compensation. Do you agree that
it’s only fair I get enough to replace the car?
I: OK, I’ll offer you $7,000. That’s the highest I can go. Company policy.
T: How does the company figure that?
I: Look. $7,000 is all you’ll get. Take it or leave it.
T: $7,000 may be fair. I don’t know. I certainly understand your position if you’re bound by
company policy. But unless you can state objectively why that amount is what I’m entitled to, I
think I’ll do better in court. Why don’t we study the matter and talk again? Is Wednesday at
eleven a good time to talk?
….

43

Insist on using Objective Criteria















….
I: Ok, Mr. Griffith, I’ve got an adhere in today’s paper offering an ‘89 Taurus
for $6,800.
T: I see. What does it say about mileage?
I: 49,000. Why?
T: Because mine only had 25,000 miles. How many dollars does that increase
the worth in your book?
I: Let me see … $450.
T: Assuming the $6,800 as one possible base, that brings the figure to $7,250.
Does the ad say anything about a radio?
I: No.
T: How much extra for that in your book?
I: $125.
T: How much for air conditioning?
……
A half-hour later Tom walked out with a check for $8,024.
44


Slide 7

Negotiation

1

Outline
 standard

terms of negotiation

 examples

of negotiation

 David
 price

and Goliath

negotiation in a channel

 force-cost
a

reduction

company and a government

 preparation

and tactics of negotiation
2

Standard Terms in Negotiating

3

Negotiation


formal communication to seek mutual agreement


usually verbally



often between two sides



on sharing and allocation of resources, cost,
benefits, etc.



skills


required preparation



sharpened by practice
4

Terms in Negotiation
 BATNA

(best alternative to a negotiated
agreement) (底線)

 positions

(立場)

 interests

(利益)

 needs

(需要)

 wants

(願望)
5

Conditions to Use Negotiation
 expensive

operations



high-value, large-volume contract



complex technical requirements on product and
process, possibly evolving specifications



capital-intensive items, e.g., plant and equipment



special buyer-supplier relationship



important value-adding activities required from
suppler
6

Examples

7

Which Side Won?
 rental

negotiation

age
group size
status
company
Position in company

Party A
middle age
two, couple
landlord
local
owner

Party B
20’s
single
potential tenant
foreign
employee

8

Which Side Won?
 story
 potential

tenant slow in responding

 property

price gone up

 higher

rental expected by developers

9

Rental Contract Negotiation
by Mr. Stanley Yen
 Mr

Stanley Yen

 1971

June: started as a messenger in the
Taiwan branch of American Express (AET)

 1971

end: took care also general affairs of AET

…

 Now:

a living legend in tourism, management,
social welfare, …
10

Rental Contract Negotiation
by Mr. Stanley Yen


Mr. Yen, “How come you do this? As a custom of
foreign company, I recorded the agreed rental in a
memo.”



mutual respect that grew into long-term
employee-employer and then family-type
relationship



lessons


systematic



polite
11

Real-life Negotiation
with Suppliers

12

Examples of Price Negotiation


some general practice: 5th video clipping 00:14:20
to 00:20:20


depending on opponents




intellectual, traditional, personality

possessing information


BANTA and needs of opponents



market price, actual production cost



strengthen and BANTA of my company

13

Jose Ignacio Lopez
de Arriortua

14

Force-cost Reduction
 win-lose
 acting

strategy

personally, offensively, and emotionally

 demanding

 changing

immediate effect

existing contracts

 threatening

reduction or less no business

http://www.projectmagazine.com/monitoring-and-controlling/53cost/270-qforcedq-cost-reduction-how-to-respond
15

Deep Trouble of GM in Early 90’s

Michael H. Moffett and Willian E. Youngdahl (1999) Jose Ignacio Lopez de
Arriortua, Thunderbird International Business Review, 41(2) 179-194

16

Life of Jose Ignacio Lopez






doctorate in industrial engineering
196980: Firestone, Spain
198086: GM European operations, Spain
1986: GM’s Opel, Germany
1987: head of purchasing for Europe




work with Jack Smith to make GM Europe profitable

1992, April: VP of Worldwide purchasing of GM


Jack Smith as president of GM in Spring 92

18

New Rules in Purchasing
by Jose Ignacio Lopez
 new
 all

rules
supply contracts by bidding

a

minimum of 10 bids for a supply contract, at least
one not in north America

 no

favorable treatment of internal suppliers,
70% among all

 50%

productivity improvement by 1995

19

New Rules in Purchasing
by Jose Ignacio Lopez
 second

phase: sending GM teams to help
suppliers for improvement and cost
reduction

 mixed

results

 exemplary

in some, e.g., Siemens, reduction of
85% assembly line time; 95 percent of
inventory; 20% of cost

 not

sharing cost sharing in some cases
20

New Rules in Purchasing
by Jose Ignacio Lopez


forced changes of existing supplier contracts


renegotiation of five-year contract, e.g., cuts of supplier
price of 5%, 3%, 2%, 2%, 1% in the next five years



close working relationship with unions



taking proprietary designs from suppliers for open
bidding by other suppliers



sharing insufficient fixed development cost with
suppliers

21

New Rules in Purchasing
by Jose Ignacio Lopez
 results
 saving

$4 bill for GM

 poor

relationship and rating by suppliers

 some

suppliers out of business

 loss


of supplier loyalty in long term

not providing best product, nor best service

 switching

partners at opportunity

22

Concurrent
Chrysler Purchasing Policy
 long-term

partnership with suppliers

 criterion:

contribution to whole product
development and manufacturing process,
not only cost

 involving

suppliers right at the beginning

23

Contract Renegotiation with
*
the Chilean Government

http://www.negotiations.com/case/contract-renegotiation/
24

Contract Renegotiation with the
Chilean Government*




contract renegotiation over the El Teniente copper mine
in Chile in 1960’s
two parties: Kennecott, a U.S. company, and Chilean
government
background: national sentiment in Chile for foreign
companies to exploit its natural resource



overwhelmingly strong BATNA of the Chilean government
either tough financial terms or even expropriating the mine


enough local experts to manage the mine

25

Contract Renegotiation with the
Chilean Government*



What can be done by Kennecott?
a six-step win-win strategy that strengthens Kennecott’s position







1 selling a majority equity of the mining operation to the Chilean
government
2 divesting the fund into US banks; getting an outside loan, to expand the mining
operations (effect: better deal in re-negotiation)
3 having the Chilean government to guarantee the loan, with the guarantee
under the law of New York state
4 insuring as many as possible assets with U.S. backed guarantees (effect: reducing loss
in case of expropriation)
5 negotiating to sell output from expansion to clients in Europe and North
America (effect: diversifying customer base)
6 lastly selling the rights of the new contracts to a consortium of financial
institutions from Japan, the United States and Europe (effect: multi-party negotiation
in future contract renegotiation, with parties having other interests with the Chile
Government)

http://www.negotiations.com/case/contract-renegotiation/

26

Contract Renegotiation with the
Chilean Government
 final

remark: expropriation years later but
much better position for Kennecott in
negotiation

27

Preparation and Tactics
in Negotiating

28

Preparation for Negotiation
 identify

participants and set up a team

 develop

objectives

 e.g.,

price, quality, form of collaboration,
service level, long-term relationship

 gather

relevant information

 market

price, historical prices, actual cost of
supplier, history, financial strength, quality,
service level, management of supplier, possible
negotiator from supplier …
29

Preparation for Negotiation
 analyze

strengths & weaknesses for
suppliers and oneself
 for

both sides, e.g.,

 how

important is the supplier to us

 how

much time we have

 any

other backup supplier

 how

important is the order for the supplier

 financial

strength of the supplier
30

Preparation for Negotiation
 recognize
 deduce

 identify
 to

other party’s needs

real needs in others’ perspectives

common goals and facts agreed

simplify discussion

 identify

issues to discuss

 (potential)

differences between the two sides

31

Preparation for Negotiation
 establish
 develop
 brief

positions and BATNA

strategies and tactics

personnel

 practice

the negotiation

32

Tactics







argue based on facts
answer carefully
mind other side’s feeling
know the deadline
avoid trapping oneself in a
corner









e.g., “accept or no deal”

have courage to say no
start with lowest
start with highest
show honesty
take the initiative
listen



disappearance of key persons



never give up



fictitious competition


unethical



order issues



take a rest to cool down



check security



select venue



use threat



side track the issue



raise questions



keep silent
33

Concessions


give-and-take being common in negotiation



guidelines for making concessions


reserve room for concessions



first understand the other side’s needs and objectives



first to concede minor but not the first to concede major



portray unimportant concessions as valuable



fight before every concession
34

Concessions
 guidelines
 give,

for making concessions

and remember to take

 concede
 never

slowly and by little

reveal deadline

 say

“no” occasionally

 try

not to retrieve concessions

 record

of concessions
35

Power in Negotiation
power: the ability to influence
 sources of negotiating power


informational power: presenting relevant facts and
persuasive argument
 reward power
 coercive power
 legitimate power: credentials of experts
 referent power: socially acceptable personal qualities
and attributes, e.g., physical, honesty, charisma,
friendliness, sensitivity


36

Win-Win Negotiation


win-lose – competitive or distributive bargaining



win-win – collaboration or integrative bargaining


beneficial to both sides usually by increasing value or expanding
resources to all participants



equitable sharing of profit or cost



tactics


expand the pie



logroll



compensation for compliance



a bridge solution

37

Getting to Yes
Negotiating Agreement Without Giving In
By Roger Fisher & William Ury

38

Tips from the Book
 don’t

bargain over positions

 separate
 focus

on interests, not positions

 invent
 insist

the people from the problem

options for Mutual Gain

on using objective criteria

39

Don’t Bargain Over Positions


C: customer; S: Shopkeeper



C: How much do you want for this brass dish?



S: That is beautiful antique, isn’t it? I guess I could let it go for $75.



C: Oh come on, it’s dented. I’ll give you $15.



S: Really! I might consider a serious offer, but $15 is certainly isn’t serious.



C: Well, I could to to $20, but I would never pay anything like $75. Quote me a realistic price.



S: You rive a hard bargain, young lady. $60 cash, right now.



C: $25.



S: It cost me a great deal more than that. Make me a serious offer.



C: $37.50. That’s the highest I will go.



S: Have you noticed the engraving on that dish? Next year pieces like that will be worth twice
what you pay today.

40

Focus on Interests, Not Positions
 Negotiation

between Egypt and Israel at
Camp David in 1879
 Egyptian Sinai Peninsula occupied by Israel
since the Six Day War in 1967
 Positions
 Egypt:

getting back whole Sinai Peninsula
 Israel: holding part of Sinai Peninsula for
national security
41

Focus on Interests, Not Positions
 interests
 Egypt:

sovereignty

 Israel:

national security

 Result:

returned the whole Sinai Peninsula
to Egypt and de-militarized large area for
security of Israel

42

Insist on using Objective Criteria

















I: Insurance Adjuster; T; Tom
I: We have studied your case and have decided the policy applies. That means you’re entitled
to a settlement of $6,600.
T: I see. How did you reach that figure?
I: That’s how much we decided the car was worth.
T: I understand, but what standard did you use to determine that amount? Do you know
where I can buy a comparable car for that much?
I: How much are you asking for?
T: Whatever I’m entitled to under the policy. I found a secondhand car just about like it for
$7,700. Adding eh sales and excise tax, it would come to about $8,000.
I: $8,000! That’s too much.
T: I’m not asking for $8,000 or $6,000 or $10,000, but for fair compensation. Do you agree that
it’s only fair I get enough to replace the car?
I: OK, I’ll offer you $7,000. That’s the highest I can go. Company policy.
T: How does the company figure that?
I: Look. $7,000 is all you’ll get. Take it or leave it.
T: $7,000 may be fair. I don’t know. I certainly understand your position if you’re bound by
company policy. But unless you can state objectively why that amount is what I’m entitled to, I
think I’ll do better in court. Why don’t we study the matter and talk again? Is Wednesday at
eleven a good time to talk?
….

43

Insist on using Objective Criteria















….
I: Ok, Mr. Griffith, I’ve got an adhere in today’s paper offering an ‘89 Taurus
for $6,800.
T: I see. What does it say about mileage?
I: 49,000. Why?
T: Because mine only had 25,000 miles. How many dollars does that increase
the worth in your book?
I: Let me see … $450.
T: Assuming the $6,800 as one possible base, that brings the figure to $7,250.
Does the ad say anything about a radio?
I: No.
T: How much extra for that in your book?
I: $125.
T: How much for air conditioning?
……
A half-hour later Tom walked out with a check for $8,024.
44


Slide 8

Negotiation

1

Outline
 standard

terms of negotiation

 examples

of negotiation

 David
 price

and Goliath

negotiation in a channel

 force-cost
a

reduction

company and a government

 preparation

and tactics of negotiation
2

Standard Terms in Negotiating

3

Negotiation


formal communication to seek mutual agreement


usually verbally



often between two sides



on sharing and allocation of resources, cost,
benefits, etc.



skills


required preparation



sharpened by practice
4

Terms in Negotiation
 BATNA

(best alternative to a negotiated
agreement) (底線)

 positions

(立場)

 interests

(利益)

 needs

(需要)

 wants

(願望)
5

Conditions to Use Negotiation
 expensive

operations



high-value, large-volume contract



complex technical requirements on product and
process, possibly evolving specifications



capital-intensive items, e.g., plant and equipment



special buyer-supplier relationship



important value-adding activities required from
suppler
6

Examples

7

Which Side Won?
 rental

negotiation

age
group size
status
company
Position in company

Party A
middle age
two, couple
landlord
local
owner

Party B
20’s
single
potential tenant
foreign
employee

8

Which Side Won?
 story
 potential

tenant slow in responding

 property

price gone up

 higher

rental expected by developers

9

Rental Contract Negotiation
by Mr. Stanley Yen
 Mr

Stanley Yen

 1971

June: started as a messenger in the
Taiwan branch of American Express (AET)

 1971

end: took care also general affairs of AET

…

 Now:

a living legend in tourism, management,
social welfare, …
10

Rental Contract Negotiation
by Mr. Stanley Yen


Mr. Yen, “How come you do this? As a custom of
foreign company, I recorded the agreed rental in a
memo.”



mutual respect that grew into long-term
employee-employer and then family-type
relationship



lessons


systematic



polite
11

Real-life Negotiation
with Suppliers

12

Examples of Price Negotiation


some general practice: 5th video clipping 00:14:20
to 00:20:20


depending on opponents




intellectual, traditional, personality

possessing information


BANTA and needs of opponents



market price, actual production cost



strengthen and BANTA of my company

13

Jose Ignacio Lopez
de Arriortua

14

Force-cost Reduction
 win-lose
 acting

strategy

personally, offensively, and emotionally

 demanding

 changing

immediate effect

existing contracts

 threatening

reduction or less no business

http://www.projectmagazine.com/monitoring-and-controlling/53cost/270-qforcedq-cost-reduction-how-to-respond
15

Deep Trouble of GM in Early 90’s

Michael H. Moffett and Willian E. Youngdahl (1999) Jose Ignacio Lopez de
Arriortua, Thunderbird International Business Review, 41(2) 179-194

16

Life of Jose Ignacio Lopez






doctorate in industrial engineering
196980: Firestone, Spain
198086: GM European operations, Spain
1986: GM’s Opel, Germany
1987: head of purchasing for Europe




work with Jack Smith to make GM Europe profitable

1992, April: VP of Worldwide purchasing of GM


Jack Smith as president of GM in Spring 92

18

New Rules in Purchasing
by Jose Ignacio Lopez
 new
 all

rules
supply contracts by bidding

a

minimum of 10 bids for a supply contract, at least
one not in north America

 no

favorable treatment of internal suppliers,
70% among all

 50%

productivity improvement by 1995

19

New Rules in Purchasing
by Jose Ignacio Lopez
 second

phase: sending GM teams to help
suppliers for improvement and cost
reduction

 mixed

results

 exemplary

in some, e.g., Siemens, reduction of
85% assembly line time; 95 percent of
inventory; 20% of cost

 not

sharing cost sharing in some cases
20

New Rules in Purchasing
by Jose Ignacio Lopez


forced changes of existing supplier contracts


renegotiation of five-year contract, e.g., cuts of supplier
price of 5%, 3%, 2%, 2%, 1% in the next five years



close working relationship with unions



taking proprietary designs from suppliers for open
bidding by other suppliers



sharing insufficient fixed development cost with
suppliers

21

New Rules in Purchasing
by Jose Ignacio Lopez
 results
 saving

$4 bill for GM

 poor

relationship and rating by suppliers

 some

suppliers out of business

 loss


of supplier loyalty in long term

not providing best product, nor best service

 switching

partners at opportunity

22

Concurrent
Chrysler Purchasing Policy
 long-term

partnership with suppliers

 criterion:

contribution to whole product
development and manufacturing process,
not only cost

 involving

suppliers right at the beginning

23

Contract Renegotiation with
*
the Chilean Government

http://www.negotiations.com/case/contract-renegotiation/
24

Contract Renegotiation with the
Chilean Government*




contract renegotiation over the El Teniente copper mine
in Chile in 1960’s
two parties: Kennecott, a U.S. company, and Chilean
government
background: national sentiment in Chile for foreign
companies to exploit its natural resource



overwhelmingly strong BATNA of the Chilean government
either tough financial terms or even expropriating the mine


enough local experts to manage the mine

25

Contract Renegotiation with the
Chilean Government*



What can be done by Kennecott?
a six-step win-win strategy that strengthens Kennecott’s position







1 selling a majority equity of the mining operation to the Chilean
government
2 divesting the fund into US banks; getting an outside loan, to expand the mining
operations (effect: better deal in re-negotiation)
3 having the Chilean government to guarantee the loan, with the guarantee
under the law of New York state
4 insuring as many as possible assets with U.S. backed guarantees (effect: reducing loss
in case of expropriation)
5 negotiating to sell output from expansion to clients in Europe and North
America (effect: diversifying customer base)
6 lastly selling the rights of the new contracts to a consortium of financial
institutions from Japan, the United States and Europe (effect: multi-party negotiation
in future contract renegotiation, with parties having other interests with the Chile
Government)

http://www.negotiations.com/case/contract-renegotiation/

26

Contract Renegotiation with the
Chilean Government
 final

remark: expropriation years later but
much better position for Kennecott in
negotiation

27

Preparation and Tactics
in Negotiating

28

Preparation for Negotiation
 identify

participants and set up a team

 develop

objectives

 e.g.,

price, quality, form of collaboration,
service level, long-term relationship

 gather

relevant information

 market

price, historical prices, actual cost of
supplier, history, financial strength, quality,
service level, management of supplier, possible
negotiator from supplier …
29

Preparation for Negotiation
 analyze

strengths & weaknesses for
suppliers and oneself
 for

both sides, e.g.,

 how

important is the supplier to us

 how

much time we have

 any

other backup supplier

 how

important is the order for the supplier

 financial

strength of the supplier
30

Preparation for Negotiation
 recognize
 deduce

 identify
 to

other party’s needs

real needs in others’ perspectives

common goals and facts agreed

simplify discussion

 identify

issues to discuss

 (potential)

differences between the two sides

31

Preparation for Negotiation
 establish
 develop
 brief

positions and BATNA

strategies and tactics

personnel

 practice

the negotiation

32

Tactics







argue based on facts
answer carefully
mind other side’s feeling
know the deadline
avoid trapping oneself in a
corner









e.g., “accept or no deal”

have courage to say no
start with lowest
start with highest
show honesty
take the initiative
listen



disappearance of key persons



never give up



fictitious competition


unethical



order issues



take a rest to cool down



check security



select venue



use threat



side track the issue



raise questions



keep silent
33

Concessions


give-and-take being common in negotiation



guidelines for making concessions


reserve room for concessions



first understand the other side’s needs and objectives



first to concede minor but not the first to concede major



portray unimportant concessions as valuable



fight before every concession
34

Concessions
 guidelines
 give,

for making concessions

and remember to take

 concede
 never

slowly and by little

reveal deadline

 say

“no” occasionally

 try

not to retrieve concessions

 record

of concessions
35

Power in Negotiation
power: the ability to influence
 sources of negotiating power


informational power: presenting relevant facts and
persuasive argument
 reward power
 coercive power
 legitimate power: credentials of experts
 referent power: socially acceptable personal qualities
and attributes, e.g., physical, honesty, charisma,
friendliness, sensitivity


36

Win-Win Negotiation


win-lose – competitive or distributive bargaining



win-win – collaboration or integrative bargaining


beneficial to both sides usually by increasing value or expanding
resources to all participants



equitable sharing of profit or cost



tactics


expand the pie



logroll



compensation for compliance



a bridge solution

37

Getting to Yes
Negotiating Agreement Without Giving In
By Roger Fisher & William Ury

38

Tips from the Book
 don’t

bargain over positions

 separate
 focus

on interests, not positions

 invent
 insist

the people from the problem

options for Mutual Gain

on using objective criteria

39

Don’t Bargain Over Positions


C: customer; S: Shopkeeper



C: How much do you want for this brass dish?



S: That is beautiful antique, isn’t it? I guess I could let it go for $75.



C: Oh come on, it’s dented. I’ll give you $15.



S: Really! I might consider a serious offer, but $15 is certainly isn’t serious.



C: Well, I could to to $20, but I would never pay anything like $75. Quote me a realistic price.



S: You rive a hard bargain, young lady. $60 cash, right now.



C: $25.



S: It cost me a great deal more than that. Make me a serious offer.



C: $37.50. That’s the highest I will go.



S: Have you noticed the engraving on that dish? Next year pieces like that will be worth twice
what you pay today.

40

Focus on Interests, Not Positions
 Negotiation

between Egypt and Israel at
Camp David in 1879
 Egyptian Sinai Peninsula occupied by Israel
since the Six Day War in 1967
 Positions
 Egypt:

getting back whole Sinai Peninsula
 Israel: holding part of Sinai Peninsula for
national security
41

Focus on Interests, Not Positions
 interests
 Egypt:

sovereignty

 Israel:

national security

 Result:

returned the whole Sinai Peninsula
to Egypt and de-militarized large area for
security of Israel

42

Insist on using Objective Criteria

















I: Insurance Adjuster; T; Tom
I: We have studied your case and have decided the policy applies. That means you’re entitled
to a settlement of $6,600.
T: I see. How did you reach that figure?
I: That’s how much we decided the car was worth.
T: I understand, but what standard did you use to determine that amount? Do you know
where I can buy a comparable car for that much?
I: How much are you asking for?
T: Whatever I’m entitled to under the policy. I found a secondhand car just about like it for
$7,700. Adding eh sales and excise tax, it would come to about $8,000.
I: $8,000! That’s too much.
T: I’m not asking for $8,000 or $6,000 or $10,000, but for fair compensation. Do you agree that
it’s only fair I get enough to replace the car?
I: OK, I’ll offer you $7,000. That’s the highest I can go. Company policy.
T: How does the company figure that?
I: Look. $7,000 is all you’ll get. Take it or leave it.
T: $7,000 may be fair. I don’t know. I certainly understand your position if you’re bound by
company policy. But unless you can state objectively why that amount is what I’m entitled to, I
think I’ll do better in court. Why don’t we study the matter and talk again? Is Wednesday at
eleven a good time to talk?
….

43

Insist on using Objective Criteria















….
I: Ok, Mr. Griffith, I’ve got an adhere in today’s paper offering an ‘89 Taurus
for $6,800.
T: I see. What does it say about mileage?
I: 49,000. Why?
T: Because mine only had 25,000 miles. How many dollars does that increase
the worth in your book?
I: Let me see … $450.
T: Assuming the $6,800 as one possible base, that brings the figure to $7,250.
Does the ad say anything about a radio?
I: No.
T: How much extra for that in your book?
I: $125.
T: How much for air conditioning?
……
A half-hour later Tom walked out with a check for $8,024.
44


Slide 9

Negotiation

1

Outline
 standard

terms of negotiation

 examples

of negotiation

 David
 price

and Goliath

negotiation in a channel

 force-cost
a

reduction

company and a government

 preparation

and tactics of negotiation
2

Standard Terms in Negotiating

3

Negotiation


formal communication to seek mutual agreement


usually verbally



often between two sides



on sharing and allocation of resources, cost,
benefits, etc.



skills


required preparation



sharpened by practice
4

Terms in Negotiation
 BATNA

(best alternative to a negotiated
agreement) (底線)

 positions

(立場)

 interests

(利益)

 needs

(需要)

 wants

(願望)
5

Conditions to Use Negotiation
 expensive

operations



high-value, large-volume contract



complex technical requirements on product and
process, possibly evolving specifications



capital-intensive items, e.g., plant and equipment



special buyer-supplier relationship



important value-adding activities required from
suppler
6

Examples

7

Which Side Won?
 rental

negotiation

age
group size
status
company
Position in company

Party A
middle age
two, couple
landlord
local
owner

Party B
20’s
single
potential tenant
foreign
employee

8

Which Side Won?
 story
 potential

tenant slow in responding

 property

price gone up

 higher

rental expected by developers

9

Rental Contract Negotiation
by Mr. Stanley Yen
 Mr

Stanley Yen

 1971

June: started as a messenger in the
Taiwan branch of American Express (AET)

 1971

end: took care also general affairs of AET

…

 Now:

a living legend in tourism, management,
social welfare, …
10

Rental Contract Negotiation
by Mr. Stanley Yen


Mr. Yen, “How come you do this? As a custom of
foreign company, I recorded the agreed rental in a
memo.”



mutual respect that grew into long-term
employee-employer and then family-type
relationship



lessons


systematic



polite
11

Real-life Negotiation
with Suppliers

12

Examples of Price Negotiation


some general practice: 5th video clipping 00:14:20
to 00:20:20


depending on opponents




intellectual, traditional, personality

possessing information


BANTA and needs of opponents



market price, actual production cost



strengthen and BANTA of my company

13

Jose Ignacio Lopez
de Arriortua

14

Force-cost Reduction
 win-lose
 acting

strategy

personally, offensively, and emotionally

 demanding

 changing

immediate effect

existing contracts

 threatening

reduction or less no business

http://www.projectmagazine.com/monitoring-and-controlling/53cost/270-qforcedq-cost-reduction-how-to-respond
15

Deep Trouble of GM in Early 90’s

Michael H. Moffett and Willian E. Youngdahl (1999) Jose Ignacio Lopez de
Arriortua, Thunderbird International Business Review, 41(2) 179-194

16

Life of Jose Ignacio Lopez






doctorate in industrial engineering
196980: Firestone, Spain
198086: GM European operations, Spain
1986: GM’s Opel, Germany
1987: head of purchasing for Europe




work with Jack Smith to make GM Europe profitable

1992, April: VP of Worldwide purchasing of GM


Jack Smith as president of GM in Spring 92

18

New Rules in Purchasing
by Jose Ignacio Lopez
 new
 all

rules
supply contracts by bidding

a

minimum of 10 bids for a supply contract, at least
one not in north America

 no

favorable treatment of internal suppliers,
70% among all

 50%

productivity improvement by 1995

19

New Rules in Purchasing
by Jose Ignacio Lopez
 second

phase: sending GM teams to help
suppliers for improvement and cost
reduction

 mixed

results

 exemplary

in some, e.g., Siemens, reduction of
85% assembly line time; 95 percent of
inventory; 20% of cost

 not

sharing cost sharing in some cases
20

New Rules in Purchasing
by Jose Ignacio Lopez


forced changes of existing supplier contracts


renegotiation of five-year contract, e.g., cuts of supplier
price of 5%, 3%, 2%, 2%, 1% in the next five years



close working relationship with unions



taking proprietary designs from suppliers for open
bidding by other suppliers



sharing insufficient fixed development cost with
suppliers

21

New Rules in Purchasing
by Jose Ignacio Lopez
 results
 saving

$4 bill for GM

 poor

relationship and rating by suppliers

 some

suppliers out of business

 loss


of supplier loyalty in long term

not providing best product, nor best service

 switching

partners at opportunity

22

Concurrent
Chrysler Purchasing Policy
 long-term

partnership with suppliers

 criterion:

contribution to whole product
development and manufacturing process,
not only cost

 involving

suppliers right at the beginning

23

Contract Renegotiation with
*
the Chilean Government

http://www.negotiations.com/case/contract-renegotiation/
24

Contract Renegotiation with the
Chilean Government*




contract renegotiation over the El Teniente copper mine
in Chile in 1960’s
two parties: Kennecott, a U.S. company, and Chilean
government
background: national sentiment in Chile for foreign
companies to exploit its natural resource



overwhelmingly strong BATNA of the Chilean government
either tough financial terms or even expropriating the mine


enough local experts to manage the mine

25

Contract Renegotiation with the
Chilean Government*



What can be done by Kennecott?
a six-step win-win strategy that strengthens Kennecott’s position







1 selling a majority equity of the mining operation to the Chilean
government
2 divesting the fund into US banks; getting an outside loan, to expand the mining
operations (effect: better deal in re-negotiation)
3 having the Chilean government to guarantee the loan, with the guarantee
under the law of New York state
4 insuring as many as possible assets with U.S. backed guarantees (effect: reducing loss
in case of expropriation)
5 negotiating to sell output from expansion to clients in Europe and North
America (effect: diversifying customer base)
6 lastly selling the rights of the new contracts to a consortium of financial
institutions from Japan, the United States and Europe (effect: multi-party negotiation
in future contract renegotiation, with parties having other interests with the Chile
Government)

http://www.negotiations.com/case/contract-renegotiation/

26

Contract Renegotiation with the
Chilean Government
 final

remark: expropriation years later but
much better position for Kennecott in
negotiation

27

Preparation and Tactics
in Negotiating

28

Preparation for Negotiation
 identify

participants and set up a team

 develop

objectives

 e.g.,

price, quality, form of collaboration,
service level, long-term relationship

 gather

relevant information

 market

price, historical prices, actual cost of
supplier, history, financial strength, quality,
service level, management of supplier, possible
negotiator from supplier …
29

Preparation for Negotiation
 analyze

strengths & weaknesses for
suppliers and oneself
 for

both sides, e.g.,

 how

important is the supplier to us

 how

much time we have

 any

other backup supplier

 how

important is the order for the supplier

 financial

strength of the supplier
30

Preparation for Negotiation
 recognize
 deduce

 identify
 to

other party’s needs

real needs in others’ perspectives

common goals and facts agreed

simplify discussion

 identify

issues to discuss

 (potential)

differences between the two sides

31

Preparation for Negotiation
 establish
 develop
 brief

positions and BATNA

strategies and tactics

personnel

 practice

the negotiation

32

Tactics







argue based on facts
answer carefully
mind other side’s feeling
know the deadline
avoid trapping oneself in a
corner









e.g., “accept or no deal”

have courage to say no
start with lowest
start with highest
show honesty
take the initiative
listen



disappearance of key persons



never give up



fictitious competition


unethical



order issues



take a rest to cool down



check security



select venue



use threat



side track the issue



raise questions



keep silent
33

Concessions


give-and-take being common in negotiation



guidelines for making concessions


reserve room for concessions



first understand the other side’s needs and objectives



first to concede minor but not the first to concede major



portray unimportant concessions as valuable



fight before every concession
34

Concessions
 guidelines
 give,

for making concessions

and remember to take

 concede
 never

slowly and by little

reveal deadline

 say

“no” occasionally

 try

not to retrieve concessions

 record

of concessions
35

Power in Negotiation
power: the ability to influence
 sources of negotiating power


informational power: presenting relevant facts and
persuasive argument
 reward power
 coercive power
 legitimate power: credentials of experts
 referent power: socially acceptable personal qualities
and attributes, e.g., physical, honesty, charisma,
friendliness, sensitivity


36

Win-Win Negotiation


win-lose – competitive or distributive bargaining



win-win – collaboration or integrative bargaining


beneficial to both sides usually by increasing value or expanding
resources to all participants



equitable sharing of profit or cost



tactics


expand the pie



logroll



compensation for compliance



a bridge solution

37

Getting to Yes
Negotiating Agreement Without Giving In
By Roger Fisher & William Ury

38

Tips from the Book
 don’t

bargain over positions

 separate
 focus

on interests, not positions

 invent
 insist

the people from the problem

options for Mutual Gain

on using objective criteria

39

Don’t Bargain Over Positions


C: customer; S: Shopkeeper



C: How much do you want for this brass dish?



S: That is beautiful antique, isn’t it? I guess I could let it go for $75.



C: Oh come on, it’s dented. I’ll give you $15.



S: Really! I might consider a serious offer, but $15 is certainly isn’t serious.



C: Well, I could to to $20, but I would never pay anything like $75. Quote me a realistic price.



S: You rive a hard bargain, young lady. $60 cash, right now.



C: $25.



S: It cost me a great deal more than that. Make me a serious offer.



C: $37.50. That’s the highest I will go.



S: Have you noticed the engraving on that dish? Next year pieces like that will be worth twice
what you pay today.

40

Focus on Interests, Not Positions
 Negotiation

between Egypt and Israel at
Camp David in 1879
 Egyptian Sinai Peninsula occupied by Israel
since the Six Day War in 1967
 Positions
 Egypt:

getting back whole Sinai Peninsula
 Israel: holding part of Sinai Peninsula for
national security
41

Focus on Interests, Not Positions
 interests
 Egypt:

sovereignty

 Israel:

national security

 Result:

returned the whole Sinai Peninsula
to Egypt and de-militarized large area for
security of Israel

42

Insist on using Objective Criteria

















I: Insurance Adjuster; T; Tom
I: We have studied your case and have decided the policy applies. That means you’re entitled
to a settlement of $6,600.
T: I see. How did you reach that figure?
I: That’s how much we decided the car was worth.
T: I understand, but what standard did you use to determine that amount? Do you know
where I can buy a comparable car for that much?
I: How much are you asking for?
T: Whatever I’m entitled to under the policy. I found a secondhand car just about like it for
$7,700. Adding eh sales and excise tax, it would come to about $8,000.
I: $8,000! That’s too much.
T: I’m not asking for $8,000 or $6,000 or $10,000, but for fair compensation. Do you agree that
it’s only fair I get enough to replace the car?
I: OK, I’ll offer you $7,000. That’s the highest I can go. Company policy.
T: How does the company figure that?
I: Look. $7,000 is all you’ll get. Take it or leave it.
T: $7,000 may be fair. I don’t know. I certainly understand your position if you’re bound by
company policy. But unless you can state objectively why that amount is what I’m entitled to, I
think I’ll do better in court. Why don’t we study the matter and talk again? Is Wednesday at
eleven a good time to talk?
….

43

Insist on using Objective Criteria















….
I: Ok, Mr. Griffith, I’ve got an adhere in today’s paper offering an ‘89 Taurus
for $6,800.
T: I see. What does it say about mileage?
I: 49,000. Why?
T: Because mine only had 25,000 miles. How many dollars does that increase
the worth in your book?
I: Let me see … $450.
T: Assuming the $6,800 as one possible base, that brings the figure to $7,250.
Does the ad say anything about a radio?
I: No.
T: How much extra for that in your book?
I: $125.
T: How much for air conditioning?
……
A half-hour later Tom walked out with a check for $8,024.
44


Slide 10

Negotiation

1

Outline
 standard

terms of negotiation

 examples

of negotiation

 David
 price

and Goliath

negotiation in a channel

 force-cost
a

reduction

company and a government

 preparation

and tactics of negotiation
2

Standard Terms in Negotiating

3

Negotiation


formal communication to seek mutual agreement


usually verbally



often between two sides



on sharing and allocation of resources, cost,
benefits, etc.



skills


required preparation



sharpened by practice
4

Terms in Negotiation
 BATNA

(best alternative to a negotiated
agreement) (底線)

 positions

(立場)

 interests

(利益)

 needs

(需要)

 wants

(願望)
5

Conditions to Use Negotiation
 expensive

operations



high-value, large-volume contract



complex technical requirements on product and
process, possibly evolving specifications



capital-intensive items, e.g., plant and equipment



special buyer-supplier relationship



important value-adding activities required from
suppler
6

Examples

7

Which Side Won?
 rental

negotiation

age
group size
status
company
Position in company

Party A
middle age
two, couple
landlord
local
owner

Party B
20’s
single
potential tenant
foreign
employee

8

Which Side Won?
 story
 potential

tenant slow in responding

 property

price gone up

 higher

rental expected by developers

9

Rental Contract Negotiation
by Mr. Stanley Yen
 Mr

Stanley Yen

 1971

June: started as a messenger in the
Taiwan branch of American Express (AET)

 1971

end: took care also general affairs of AET

…

 Now:

a living legend in tourism, management,
social welfare, …
10

Rental Contract Negotiation
by Mr. Stanley Yen


Mr. Yen, “How come you do this? As a custom of
foreign company, I recorded the agreed rental in a
memo.”



mutual respect that grew into long-term
employee-employer and then family-type
relationship



lessons


systematic



polite
11

Real-life Negotiation
with Suppliers

12

Examples of Price Negotiation


some general practice: 5th video clipping 00:14:20
to 00:20:20


depending on opponents




intellectual, traditional, personality

possessing information


BANTA and needs of opponents



market price, actual production cost



strengthen and BANTA of my company

13

Jose Ignacio Lopez
de Arriortua

14

Force-cost Reduction
 win-lose
 acting

strategy

personally, offensively, and emotionally

 demanding

 changing

immediate effect

existing contracts

 threatening

reduction or less no business

http://www.projectmagazine.com/monitoring-and-controlling/53cost/270-qforcedq-cost-reduction-how-to-respond
15

Deep Trouble of GM in Early 90’s

Michael H. Moffett and Willian E. Youngdahl (1999) Jose Ignacio Lopez de
Arriortua, Thunderbird International Business Review, 41(2) 179-194

16

Life of Jose Ignacio Lopez






doctorate in industrial engineering
196980: Firestone, Spain
198086: GM European operations, Spain
1986: GM’s Opel, Germany
1987: head of purchasing for Europe




work with Jack Smith to make GM Europe profitable

1992, April: VP of Worldwide purchasing of GM


Jack Smith as president of GM in Spring 92

18

New Rules in Purchasing
by Jose Ignacio Lopez
 new
 all

rules
supply contracts by bidding

a

minimum of 10 bids for a supply contract, at least
one not in north America

 no

favorable treatment of internal suppliers,
70% among all

 50%

productivity improvement by 1995

19

New Rules in Purchasing
by Jose Ignacio Lopez
 second

phase: sending GM teams to help
suppliers for improvement and cost
reduction

 mixed

results

 exemplary

in some, e.g., Siemens, reduction of
85% assembly line time; 95 percent of
inventory; 20% of cost

 not

sharing cost sharing in some cases
20

New Rules in Purchasing
by Jose Ignacio Lopez


forced changes of existing supplier contracts


renegotiation of five-year contract, e.g., cuts of supplier
price of 5%, 3%, 2%, 2%, 1% in the next five years



close working relationship with unions



taking proprietary designs from suppliers for open
bidding by other suppliers



sharing insufficient fixed development cost with
suppliers

21

New Rules in Purchasing
by Jose Ignacio Lopez
 results
 saving

$4 bill for GM

 poor

relationship and rating by suppliers

 some

suppliers out of business

 loss


of supplier loyalty in long term

not providing best product, nor best service

 switching

partners at opportunity

22

Concurrent
Chrysler Purchasing Policy
 long-term

partnership with suppliers

 criterion:

contribution to whole product
development and manufacturing process,
not only cost

 involving

suppliers right at the beginning

23

Contract Renegotiation with
*
the Chilean Government

http://www.negotiations.com/case/contract-renegotiation/
24

Contract Renegotiation with the
Chilean Government*




contract renegotiation over the El Teniente copper mine
in Chile in 1960’s
two parties: Kennecott, a U.S. company, and Chilean
government
background: national sentiment in Chile for foreign
companies to exploit its natural resource



overwhelmingly strong BATNA of the Chilean government
either tough financial terms or even expropriating the mine


enough local experts to manage the mine

25

Contract Renegotiation with the
Chilean Government*



What can be done by Kennecott?
a six-step win-win strategy that strengthens Kennecott’s position







1 selling a majority equity of the mining operation to the Chilean
government
2 divesting the fund into US banks; getting an outside loan, to expand the mining
operations (effect: better deal in re-negotiation)
3 having the Chilean government to guarantee the loan, with the guarantee
under the law of New York state
4 insuring as many as possible assets with U.S. backed guarantees (effect: reducing loss
in case of expropriation)
5 negotiating to sell output from expansion to clients in Europe and North
America (effect: diversifying customer base)
6 lastly selling the rights of the new contracts to a consortium of financial
institutions from Japan, the United States and Europe (effect: multi-party negotiation
in future contract renegotiation, with parties having other interests with the Chile
Government)

http://www.negotiations.com/case/contract-renegotiation/

26

Contract Renegotiation with the
Chilean Government
 final

remark: expropriation years later but
much better position for Kennecott in
negotiation

27

Preparation and Tactics
in Negotiating

28

Preparation for Negotiation
 identify

participants and set up a team

 develop

objectives

 e.g.,

price, quality, form of collaboration,
service level, long-term relationship

 gather

relevant information

 market

price, historical prices, actual cost of
supplier, history, financial strength, quality,
service level, management of supplier, possible
negotiator from supplier …
29

Preparation for Negotiation
 analyze

strengths & weaknesses for
suppliers and oneself
 for

both sides, e.g.,

 how

important is the supplier to us

 how

much time we have

 any

other backup supplier

 how

important is the order for the supplier

 financial

strength of the supplier
30

Preparation for Negotiation
 recognize
 deduce

 identify
 to

other party’s needs

real needs in others’ perspectives

common goals and facts agreed

simplify discussion

 identify

issues to discuss

 (potential)

differences between the two sides

31

Preparation for Negotiation
 establish
 develop
 brief

positions and BATNA

strategies and tactics

personnel

 practice

the negotiation

32

Tactics







argue based on facts
answer carefully
mind other side’s feeling
know the deadline
avoid trapping oneself in a
corner









e.g., “accept or no deal”

have courage to say no
start with lowest
start with highest
show honesty
take the initiative
listen



disappearance of key persons



never give up



fictitious competition


unethical



order issues



take a rest to cool down



check security



select venue



use threat



side track the issue



raise questions



keep silent
33

Concessions


give-and-take being common in negotiation



guidelines for making concessions


reserve room for concessions



first understand the other side’s needs and objectives



first to concede minor but not the first to concede major



portray unimportant concessions as valuable



fight before every concession
34

Concessions
 guidelines
 give,

for making concessions

and remember to take

 concede
 never

slowly and by little

reveal deadline

 say

“no” occasionally

 try

not to retrieve concessions

 record

of concessions
35

Power in Negotiation
power: the ability to influence
 sources of negotiating power


informational power: presenting relevant facts and
persuasive argument
 reward power
 coercive power
 legitimate power: credentials of experts
 referent power: socially acceptable personal qualities
and attributes, e.g., physical, honesty, charisma,
friendliness, sensitivity


36

Win-Win Negotiation


win-lose – competitive or distributive bargaining



win-win – collaboration or integrative bargaining


beneficial to both sides usually by increasing value or expanding
resources to all participants



equitable sharing of profit or cost



tactics


expand the pie



logroll



compensation for compliance



a bridge solution

37

Getting to Yes
Negotiating Agreement Without Giving In
By Roger Fisher & William Ury

38

Tips from the Book
 don’t

bargain over positions

 separate
 focus

on interests, not positions

 invent
 insist

the people from the problem

options for Mutual Gain

on using objective criteria

39

Don’t Bargain Over Positions


C: customer; S: Shopkeeper



C: How much do you want for this brass dish?



S: That is beautiful antique, isn’t it? I guess I could let it go for $75.



C: Oh come on, it’s dented. I’ll give you $15.



S: Really! I might consider a serious offer, but $15 is certainly isn’t serious.



C: Well, I could to to $20, but I would never pay anything like $75. Quote me a realistic price.



S: You rive a hard bargain, young lady. $60 cash, right now.



C: $25.



S: It cost me a great deal more than that. Make me a serious offer.



C: $37.50. That’s the highest I will go.



S: Have you noticed the engraving on that dish? Next year pieces like that will be worth twice
what you pay today.

40

Focus on Interests, Not Positions
 Negotiation

between Egypt and Israel at
Camp David in 1879
 Egyptian Sinai Peninsula occupied by Israel
since the Six Day War in 1967
 Positions
 Egypt:

getting back whole Sinai Peninsula
 Israel: holding part of Sinai Peninsula for
national security
41

Focus on Interests, Not Positions
 interests
 Egypt:

sovereignty

 Israel:

national security

 Result:

returned the whole Sinai Peninsula
to Egypt and de-militarized large area for
security of Israel

42

Insist on using Objective Criteria

















I: Insurance Adjuster; T; Tom
I: We have studied your case and have decided the policy applies. That means you’re entitled
to a settlement of $6,600.
T: I see. How did you reach that figure?
I: That’s how much we decided the car was worth.
T: I understand, but what standard did you use to determine that amount? Do you know
where I can buy a comparable car for that much?
I: How much are you asking for?
T: Whatever I’m entitled to under the policy. I found a secondhand car just about like it for
$7,700. Adding eh sales and excise tax, it would come to about $8,000.
I: $8,000! That’s too much.
T: I’m not asking for $8,000 or $6,000 or $10,000, but for fair compensation. Do you agree that
it’s only fair I get enough to replace the car?
I: OK, I’ll offer you $7,000. That’s the highest I can go. Company policy.
T: How does the company figure that?
I: Look. $7,000 is all you’ll get. Take it or leave it.
T: $7,000 may be fair. I don’t know. I certainly understand your position if you’re bound by
company policy. But unless you can state objectively why that amount is what I’m entitled to, I
think I’ll do better in court. Why don’t we study the matter and talk again? Is Wednesday at
eleven a good time to talk?
….

43

Insist on using Objective Criteria















….
I: Ok, Mr. Griffith, I’ve got an adhere in today’s paper offering an ‘89 Taurus
for $6,800.
T: I see. What does it say about mileage?
I: 49,000. Why?
T: Because mine only had 25,000 miles. How many dollars does that increase
the worth in your book?
I: Let me see … $450.
T: Assuming the $6,800 as one possible base, that brings the figure to $7,250.
Does the ad say anything about a radio?
I: No.
T: How much extra for that in your book?
I: $125.
T: How much for air conditioning?
……
A half-hour later Tom walked out with a check for $8,024.
44


Slide 11

Negotiation

1

Outline
 standard

terms of negotiation

 examples

of negotiation

 David
 price

and Goliath

negotiation in a channel

 force-cost
a

reduction

company and a government

 preparation

and tactics of negotiation
2

Standard Terms in Negotiating

3

Negotiation


formal communication to seek mutual agreement


usually verbally



often between two sides



on sharing and allocation of resources, cost,
benefits, etc.



skills


required preparation



sharpened by practice
4

Terms in Negotiation
 BATNA

(best alternative to a negotiated
agreement) (底線)

 positions

(立場)

 interests

(利益)

 needs

(需要)

 wants

(願望)
5

Conditions to Use Negotiation
 expensive

operations



high-value, large-volume contract



complex technical requirements on product and
process, possibly evolving specifications



capital-intensive items, e.g., plant and equipment



special buyer-supplier relationship



important value-adding activities required from
suppler
6

Examples

7

Which Side Won?
 rental

negotiation

age
group size
status
company
Position in company

Party A
middle age
two, couple
landlord
local
owner

Party B
20’s
single
potential tenant
foreign
employee

8

Which Side Won?
 story
 potential

tenant slow in responding

 property

price gone up

 higher

rental expected by developers

9

Rental Contract Negotiation
by Mr. Stanley Yen
 Mr

Stanley Yen

 1971

June: started as a messenger in the
Taiwan branch of American Express (AET)

 1971

end: took care also general affairs of AET

…

 Now:

a living legend in tourism, management,
social welfare, …
10

Rental Contract Negotiation
by Mr. Stanley Yen


Mr. Yen, “How come you do this? As a custom of
foreign company, I recorded the agreed rental in a
memo.”



mutual respect that grew into long-term
employee-employer and then family-type
relationship



lessons


systematic



polite
11

Real-life Negotiation
with Suppliers

12

Examples of Price Negotiation


some general practice: 5th video clipping 00:14:20
to 00:20:20


depending on opponents




intellectual, traditional, personality

possessing information


BANTA and needs of opponents



market price, actual production cost



strengthen and BANTA of my company

13

Jose Ignacio Lopez
de Arriortua

14

Force-cost Reduction
 win-lose
 acting

strategy

personally, offensively, and emotionally

 demanding

 changing

immediate effect

existing contracts

 threatening

reduction or less no business

http://www.projectmagazine.com/monitoring-and-controlling/53cost/270-qforcedq-cost-reduction-how-to-respond
15

Deep Trouble of GM in Early 90’s

Michael H. Moffett and Willian E. Youngdahl (1999) Jose Ignacio Lopez de
Arriortua, Thunderbird International Business Review, 41(2) 179-194

16

Life of Jose Ignacio Lopez






doctorate in industrial engineering
196980: Firestone, Spain
198086: GM European operations, Spain
1986: GM’s Opel, Germany
1987: head of purchasing for Europe




work with Jack Smith to make GM Europe profitable

1992, April: VP of Worldwide purchasing of GM


Jack Smith as president of GM in Spring 92

18

New Rules in Purchasing
by Jose Ignacio Lopez
 new
 all

rules
supply contracts by bidding

a

minimum of 10 bids for a supply contract, at least
one not in north America

 no

favorable treatment of internal suppliers,
70% among all

 50%

productivity improvement by 1995

19

New Rules in Purchasing
by Jose Ignacio Lopez
 second

phase: sending GM teams to help
suppliers for improvement and cost
reduction

 mixed

results

 exemplary

in some, e.g., Siemens, reduction of
85% assembly line time; 95 percent of
inventory; 20% of cost

 not

sharing cost sharing in some cases
20

New Rules in Purchasing
by Jose Ignacio Lopez


forced changes of existing supplier contracts


renegotiation of five-year contract, e.g., cuts of supplier
price of 5%, 3%, 2%, 2%, 1% in the next five years



close working relationship with unions



taking proprietary designs from suppliers for open
bidding by other suppliers



sharing insufficient fixed development cost with
suppliers

21

New Rules in Purchasing
by Jose Ignacio Lopez
 results
 saving

$4 bill for GM

 poor

relationship and rating by suppliers

 some

suppliers out of business

 loss


of supplier loyalty in long term

not providing best product, nor best service

 switching

partners at opportunity

22

Concurrent
Chrysler Purchasing Policy
 long-term

partnership with suppliers

 criterion:

contribution to whole product
development and manufacturing process,
not only cost

 involving

suppliers right at the beginning

23

Contract Renegotiation with
*
the Chilean Government

http://www.negotiations.com/case/contract-renegotiation/
24

Contract Renegotiation with the
Chilean Government*




contract renegotiation over the El Teniente copper mine
in Chile in 1960’s
two parties: Kennecott, a U.S. company, and Chilean
government
background: national sentiment in Chile for foreign
companies to exploit its natural resource



overwhelmingly strong BATNA of the Chilean government
either tough financial terms or even expropriating the mine


enough local experts to manage the mine

25

Contract Renegotiation with the
Chilean Government*



What can be done by Kennecott?
a six-step win-win strategy that strengthens Kennecott’s position







1 selling a majority equity of the mining operation to the Chilean
government
2 divesting the fund into US banks; getting an outside loan, to expand the mining
operations (effect: better deal in re-negotiation)
3 having the Chilean government to guarantee the loan, with the guarantee
under the law of New York state
4 insuring as many as possible assets with U.S. backed guarantees (effect: reducing loss
in case of expropriation)
5 negotiating to sell output from expansion to clients in Europe and North
America (effect: diversifying customer base)
6 lastly selling the rights of the new contracts to a consortium of financial
institutions from Japan, the United States and Europe (effect: multi-party negotiation
in future contract renegotiation, with parties having other interests with the Chile
Government)

http://www.negotiations.com/case/contract-renegotiation/

26

Contract Renegotiation with the
Chilean Government
 final

remark: expropriation years later but
much better position for Kennecott in
negotiation

27

Preparation and Tactics
in Negotiating

28

Preparation for Negotiation
 identify

participants and set up a team

 develop

objectives

 e.g.,

price, quality, form of collaboration,
service level, long-term relationship

 gather

relevant information

 market

price, historical prices, actual cost of
supplier, history, financial strength, quality,
service level, management of supplier, possible
negotiator from supplier …
29

Preparation for Negotiation
 analyze

strengths & weaknesses for
suppliers and oneself
 for

both sides, e.g.,

 how

important is the supplier to us

 how

much time we have

 any

other backup supplier

 how

important is the order for the supplier

 financial

strength of the supplier
30

Preparation for Negotiation
 recognize
 deduce

 identify
 to

other party’s needs

real needs in others’ perspectives

common goals and facts agreed

simplify discussion

 identify

issues to discuss

 (potential)

differences between the two sides

31

Preparation for Negotiation
 establish
 develop
 brief

positions and BATNA

strategies and tactics

personnel

 practice

the negotiation

32

Tactics







argue based on facts
answer carefully
mind other side’s feeling
know the deadline
avoid trapping oneself in a
corner









e.g., “accept or no deal”

have courage to say no
start with lowest
start with highest
show honesty
take the initiative
listen



disappearance of key persons



never give up



fictitious competition


unethical



order issues



take a rest to cool down



check security



select venue



use threat



side track the issue



raise questions



keep silent
33

Concessions


give-and-take being common in negotiation



guidelines for making concessions


reserve room for concessions



first understand the other side’s needs and objectives



first to concede minor but not the first to concede major



portray unimportant concessions as valuable



fight before every concession
34

Concessions
 guidelines
 give,

for making concessions

and remember to take

 concede
 never

slowly and by little

reveal deadline

 say

“no” occasionally

 try

not to retrieve concessions

 record

of concessions
35

Power in Negotiation
power: the ability to influence
 sources of negotiating power


informational power: presenting relevant facts and
persuasive argument
 reward power
 coercive power
 legitimate power: credentials of experts
 referent power: socially acceptable personal qualities
and attributes, e.g., physical, honesty, charisma,
friendliness, sensitivity


36

Win-Win Negotiation


win-lose – competitive or distributive bargaining



win-win – collaboration or integrative bargaining


beneficial to both sides usually by increasing value or expanding
resources to all participants



equitable sharing of profit or cost



tactics


expand the pie



logroll



compensation for compliance



a bridge solution

37

Getting to Yes
Negotiating Agreement Without Giving In
By Roger Fisher & William Ury

38

Tips from the Book
 don’t

bargain over positions

 separate
 focus

on interests, not positions

 invent
 insist

the people from the problem

options for Mutual Gain

on using objective criteria

39

Don’t Bargain Over Positions


C: customer; S: Shopkeeper



C: How much do you want for this brass dish?



S: That is beautiful antique, isn’t it? I guess I could let it go for $75.



C: Oh come on, it’s dented. I’ll give you $15.



S: Really! I might consider a serious offer, but $15 is certainly isn’t serious.



C: Well, I could to to $20, but I would never pay anything like $75. Quote me a realistic price.



S: You rive a hard bargain, young lady. $60 cash, right now.



C: $25.



S: It cost me a great deal more than that. Make me a serious offer.



C: $37.50. That’s the highest I will go.



S: Have you noticed the engraving on that dish? Next year pieces like that will be worth twice
what you pay today.

40

Focus on Interests, Not Positions
 Negotiation

between Egypt and Israel at
Camp David in 1879
 Egyptian Sinai Peninsula occupied by Israel
since the Six Day War in 1967
 Positions
 Egypt:

getting back whole Sinai Peninsula
 Israel: holding part of Sinai Peninsula for
national security
41

Focus on Interests, Not Positions
 interests
 Egypt:

sovereignty

 Israel:

national security

 Result:

returned the whole Sinai Peninsula
to Egypt and de-militarized large area for
security of Israel

42

Insist on using Objective Criteria

















I: Insurance Adjuster; T; Tom
I: We have studied your case and have decided the policy applies. That means you’re entitled
to a settlement of $6,600.
T: I see. How did you reach that figure?
I: That’s how much we decided the car was worth.
T: I understand, but what standard did you use to determine that amount? Do you know
where I can buy a comparable car for that much?
I: How much are you asking for?
T: Whatever I’m entitled to under the policy. I found a secondhand car just about like it for
$7,700. Adding eh sales and excise tax, it would come to about $8,000.
I: $8,000! That’s too much.
T: I’m not asking for $8,000 or $6,000 or $10,000, but for fair compensation. Do you agree that
it’s only fair I get enough to replace the car?
I: OK, I’ll offer you $7,000. That’s the highest I can go. Company policy.
T: How does the company figure that?
I: Look. $7,000 is all you’ll get. Take it or leave it.
T: $7,000 may be fair. I don’t know. I certainly understand your position if you’re bound by
company policy. But unless you can state objectively why that amount is what I’m entitled to, I
think I’ll do better in court. Why don’t we study the matter and talk again? Is Wednesday at
eleven a good time to talk?
….

43

Insist on using Objective Criteria















….
I: Ok, Mr. Griffith, I’ve got an adhere in today’s paper offering an ‘89 Taurus
for $6,800.
T: I see. What does it say about mileage?
I: 49,000. Why?
T: Because mine only had 25,000 miles. How many dollars does that increase
the worth in your book?
I: Let me see … $450.
T: Assuming the $6,800 as one possible base, that brings the figure to $7,250.
Does the ad say anything about a radio?
I: No.
T: How much extra for that in your book?
I: $125.
T: How much for air conditioning?
……
A half-hour later Tom walked out with a check for $8,024.
44


Slide 12

Negotiation

1

Outline
 standard

terms of negotiation

 examples

of negotiation

 David
 price

and Goliath

negotiation in a channel

 force-cost
a

reduction

company and a government

 preparation

and tactics of negotiation
2

Standard Terms in Negotiating

3

Negotiation


formal communication to seek mutual agreement


usually verbally



often between two sides



on sharing and allocation of resources, cost,
benefits, etc.



skills


required preparation



sharpened by practice
4

Terms in Negotiation
 BATNA

(best alternative to a negotiated
agreement) (底線)

 positions

(立場)

 interests

(利益)

 needs

(需要)

 wants

(願望)
5

Conditions to Use Negotiation
 expensive

operations



high-value, large-volume contract



complex technical requirements on product and
process, possibly evolving specifications



capital-intensive items, e.g., plant and equipment



special buyer-supplier relationship



important value-adding activities required from
suppler
6

Examples

7

Which Side Won?
 rental

negotiation

age
group size
status
company
Position in company

Party A
middle age
two, couple
landlord
local
owner

Party B
20’s
single
potential tenant
foreign
employee

8

Which Side Won?
 story
 potential

tenant slow in responding

 property

price gone up

 higher

rental expected by developers

9

Rental Contract Negotiation
by Mr. Stanley Yen
 Mr

Stanley Yen

 1971

June: started as a messenger in the
Taiwan branch of American Express (AET)

 1971

end: took care also general affairs of AET

…

 Now:

a living legend in tourism, management,
social welfare, …
10

Rental Contract Negotiation
by Mr. Stanley Yen


Mr. Yen, “How come you do this? As a custom of
foreign company, I recorded the agreed rental in a
memo.”



mutual respect that grew into long-term
employee-employer and then family-type
relationship



lessons


systematic



polite
11

Real-life Negotiation
with Suppliers

12

Examples of Price Negotiation


some general practice: 5th video clipping 00:14:20
to 00:20:20


depending on opponents




intellectual, traditional, personality

possessing information


BANTA and needs of opponents



market price, actual production cost



strengthen and BANTA of my company

13

Jose Ignacio Lopez
de Arriortua

14

Force-cost Reduction
 win-lose
 acting

strategy

personally, offensively, and emotionally

 demanding

 changing

immediate effect

existing contracts

 threatening

reduction or less no business

http://www.projectmagazine.com/monitoring-and-controlling/53cost/270-qforcedq-cost-reduction-how-to-respond
15

Deep Trouble of GM in Early 90’s

Michael H. Moffett and Willian E. Youngdahl (1999) Jose Ignacio Lopez de
Arriortua, Thunderbird International Business Review, 41(2) 179-194

16

Life of Jose Ignacio Lopez






doctorate in industrial engineering
196980: Firestone, Spain
198086: GM European operations, Spain
1986: GM’s Opel, Germany
1987: head of purchasing for Europe




work with Jack Smith to make GM Europe profitable

1992, April: VP of Worldwide purchasing of GM


Jack Smith as president of GM in Spring 92

18

New Rules in Purchasing
by Jose Ignacio Lopez
 new
 all

rules
supply contracts by bidding

a

minimum of 10 bids for a supply contract, at least
one not in north America

 no

favorable treatment of internal suppliers,
70% among all

 50%

productivity improvement by 1995

19

New Rules in Purchasing
by Jose Ignacio Lopez
 second

phase: sending GM teams to help
suppliers for improvement and cost
reduction

 mixed

results

 exemplary

in some, e.g., Siemens, reduction of
85% assembly line time; 95 percent of
inventory; 20% of cost

 not

sharing cost sharing in some cases
20

New Rules in Purchasing
by Jose Ignacio Lopez


forced changes of existing supplier contracts


renegotiation of five-year contract, e.g., cuts of supplier
price of 5%, 3%, 2%, 2%, 1% in the next five years



close working relationship with unions



taking proprietary designs from suppliers for open
bidding by other suppliers



sharing insufficient fixed development cost with
suppliers

21

New Rules in Purchasing
by Jose Ignacio Lopez
 results
 saving

$4 bill for GM

 poor

relationship and rating by suppliers

 some

suppliers out of business

 loss


of supplier loyalty in long term

not providing best product, nor best service

 switching

partners at opportunity

22

Concurrent
Chrysler Purchasing Policy
 long-term

partnership with suppliers

 criterion:

contribution to whole product
development and manufacturing process,
not only cost

 involving

suppliers right at the beginning

23

Contract Renegotiation with
*
the Chilean Government

http://www.negotiations.com/case/contract-renegotiation/
24

Contract Renegotiation with the
Chilean Government*




contract renegotiation over the El Teniente copper mine
in Chile in 1960’s
two parties: Kennecott, a U.S. company, and Chilean
government
background: national sentiment in Chile for foreign
companies to exploit its natural resource



overwhelmingly strong BATNA of the Chilean government
either tough financial terms or even expropriating the mine


enough local experts to manage the mine

25

Contract Renegotiation with the
Chilean Government*



What can be done by Kennecott?
a six-step win-win strategy that strengthens Kennecott’s position







1 selling a majority equity of the mining operation to the Chilean
government
2 divesting the fund into US banks; getting an outside loan, to expand the mining
operations (effect: better deal in re-negotiation)
3 having the Chilean government to guarantee the loan, with the guarantee
under the law of New York state
4 insuring as many as possible assets with U.S. backed guarantees (effect: reducing loss
in case of expropriation)
5 negotiating to sell output from expansion to clients in Europe and North
America (effect: diversifying customer base)
6 lastly selling the rights of the new contracts to a consortium of financial
institutions from Japan, the United States and Europe (effect: multi-party negotiation
in future contract renegotiation, with parties having other interests with the Chile
Government)

http://www.negotiations.com/case/contract-renegotiation/

26

Contract Renegotiation with the
Chilean Government
 final

remark: expropriation years later but
much better position for Kennecott in
negotiation

27

Preparation and Tactics
in Negotiating

28

Preparation for Negotiation
 identify

participants and set up a team

 develop

objectives

 e.g.,

price, quality, form of collaboration,
service level, long-term relationship

 gather

relevant information

 market

price, historical prices, actual cost of
supplier, history, financial strength, quality,
service level, management of supplier, possible
negotiator from supplier …
29

Preparation for Negotiation
 analyze

strengths & weaknesses for
suppliers and oneself
 for

both sides, e.g.,

 how

important is the supplier to us

 how

much time we have

 any

other backup supplier

 how

important is the order for the supplier

 financial

strength of the supplier
30

Preparation for Negotiation
 recognize
 deduce

 identify
 to

other party’s needs

real needs in others’ perspectives

common goals and facts agreed

simplify discussion

 identify

issues to discuss

 (potential)

differences between the two sides

31

Preparation for Negotiation
 establish
 develop
 brief

positions and BATNA

strategies and tactics

personnel

 practice

the negotiation

32

Tactics







argue based on facts
answer carefully
mind other side’s feeling
know the deadline
avoid trapping oneself in a
corner









e.g., “accept or no deal”

have courage to say no
start with lowest
start with highest
show honesty
take the initiative
listen



disappearance of key persons



never give up



fictitious competition


unethical



order issues



take a rest to cool down



check security



select venue



use threat



side track the issue



raise questions



keep silent
33

Concessions


give-and-take being common in negotiation



guidelines for making concessions


reserve room for concessions



first understand the other side’s needs and objectives



first to concede minor but not the first to concede major



portray unimportant concessions as valuable



fight before every concession
34

Concessions
 guidelines
 give,

for making concessions

and remember to take

 concede
 never

slowly and by little

reveal deadline

 say

“no” occasionally

 try

not to retrieve concessions

 record

of concessions
35

Power in Negotiation
power: the ability to influence
 sources of negotiating power


informational power: presenting relevant facts and
persuasive argument
 reward power
 coercive power
 legitimate power: credentials of experts
 referent power: socially acceptable personal qualities
and attributes, e.g., physical, honesty, charisma,
friendliness, sensitivity


36

Win-Win Negotiation


win-lose – competitive or distributive bargaining



win-win – collaboration or integrative bargaining


beneficial to both sides usually by increasing value or expanding
resources to all participants



equitable sharing of profit or cost



tactics


expand the pie



logroll



compensation for compliance



a bridge solution

37

Getting to Yes
Negotiating Agreement Without Giving In
By Roger Fisher & William Ury

38

Tips from the Book
 don’t

bargain over positions

 separate
 focus

on interests, not positions

 invent
 insist

the people from the problem

options for Mutual Gain

on using objective criteria

39

Don’t Bargain Over Positions


C: customer; S: Shopkeeper



C: How much do you want for this brass dish?



S: That is beautiful antique, isn’t it? I guess I could let it go for $75.



C: Oh come on, it’s dented. I’ll give you $15.



S: Really! I might consider a serious offer, but $15 is certainly isn’t serious.



C: Well, I could to to $20, but I would never pay anything like $75. Quote me a realistic price.



S: You rive a hard bargain, young lady. $60 cash, right now.



C: $25.



S: It cost me a great deal more than that. Make me a serious offer.



C: $37.50. That’s the highest I will go.



S: Have you noticed the engraving on that dish? Next year pieces like that will be worth twice
what you pay today.

40

Focus on Interests, Not Positions
 Negotiation

between Egypt and Israel at
Camp David in 1879
 Egyptian Sinai Peninsula occupied by Israel
since the Six Day War in 1967
 Positions
 Egypt:

getting back whole Sinai Peninsula
 Israel: holding part of Sinai Peninsula for
national security
41

Focus on Interests, Not Positions
 interests
 Egypt:

sovereignty

 Israel:

national security

 Result:

returned the whole Sinai Peninsula
to Egypt and de-militarized large area for
security of Israel

42

Insist on using Objective Criteria

















I: Insurance Adjuster; T; Tom
I: We have studied your case and have decided the policy applies. That means you’re entitled
to a settlement of $6,600.
T: I see. How did you reach that figure?
I: That’s how much we decided the car was worth.
T: I understand, but what standard did you use to determine that amount? Do you know
where I can buy a comparable car for that much?
I: How much are you asking for?
T: Whatever I’m entitled to under the policy. I found a secondhand car just about like it for
$7,700. Adding eh sales and excise tax, it would come to about $8,000.
I: $8,000! That’s too much.
T: I’m not asking for $8,000 or $6,000 or $10,000, but for fair compensation. Do you agree that
it’s only fair I get enough to replace the car?
I: OK, I’ll offer you $7,000. That’s the highest I can go. Company policy.
T: How does the company figure that?
I: Look. $7,000 is all you’ll get. Take it or leave it.
T: $7,000 may be fair. I don’t know. I certainly understand your position if you’re bound by
company policy. But unless you can state objectively why that amount is what I’m entitled to, I
think I’ll do better in court. Why don’t we study the matter and talk again? Is Wednesday at
eleven a good time to talk?
….

43

Insist on using Objective Criteria















….
I: Ok, Mr. Griffith, I’ve got an adhere in today’s paper offering an ‘89 Taurus
for $6,800.
T: I see. What does it say about mileage?
I: 49,000. Why?
T: Because mine only had 25,000 miles. How many dollars does that increase
the worth in your book?
I: Let me see … $450.
T: Assuming the $6,800 as one possible base, that brings the figure to $7,250.
Does the ad say anything about a radio?
I: No.
T: How much extra for that in your book?
I: $125.
T: How much for air conditioning?
……
A half-hour later Tom walked out with a check for $8,024.
44


Slide 13

Negotiation

1

Outline
 standard

terms of negotiation

 examples

of negotiation

 David
 price

and Goliath

negotiation in a channel

 force-cost
a

reduction

company and a government

 preparation

and tactics of negotiation
2

Standard Terms in Negotiating

3

Negotiation


formal communication to seek mutual agreement


usually verbally



often between two sides



on sharing and allocation of resources, cost,
benefits, etc.



skills


required preparation



sharpened by practice
4

Terms in Negotiation
 BATNA

(best alternative to a negotiated
agreement) (底線)

 positions

(立場)

 interests

(利益)

 needs

(需要)

 wants

(願望)
5

Conditions to Use Negotiation
 expensive

operations



high-value, large-volume contract



complex technical requirements on product and
process, possibly evolving specifications



capital-intensive items, e.g., plant and equipment



special buyer-supplier relationship



important value-adding activities required from
suppler
6

Examples

7

Which Side Won?
 rental

negotiation

age
group size
status
company
Position in company

Party A
middle age
two, couple
landlord
local
owner

Party B
20’s
single
potential tenant
foreign
employee

8

Which Side Won?
 story
 potential

tenant slow in responding

 property

price gone up

 higher

rental expected by developers

9

Rental Contract Negotiation
by Mr. Stanley Yen
 Mr

Stanley Yen

 1971

June: started as a messenger in the
Taiwan branch of American Express (AET)

 1971

end: took care also general affairs of AET

…

 Now:

a living legend in tourism, management,
social welfare, …
10

Rental Contract Negotiation
by Mr. Stanley Yen


Mr. Yen, “How come you do this? As a custom of
foreign company, I recorded the agreed rental in a
memo.”



mutual respect that grew into long-term
employee-employer and then family-type
relationship



lessons


systematic



polite
11

Real-life Negotiation
with Suppliers

12

Examples of Price Negotiation


some general practice: 5th video clipping 00:14:20
to 00:20:20


depending on opponents




intellectual, traditional, personality

possessing information


BANTA and needs of opponents



market price, actual production cost



strengthen and BANTA of my company

13

Jose Ignacio Lopez
de Arriortua

14

Force-cost Reduction
 win-lose
 acting

strategy

personally, offensively, and emotionally

 demanding

 changing

immediate effect

existing contracts

 threatening

reduction or less no business

http://www.projectmagazine.com/monitoring-and-controlling/53cost/270-qforcedq-cost-reduction-how-to-respond
15

Deep Trouble of GM in Early 90’s

Michael H. Moffett and Willian E. Youngdahl (1999) Jose Ignacio Lopez de
Arriortua, Thunderbird International Business Review, 41(2) 179-194

16

Life of Jose Ignacio Lopez






doctorate in industrial engineering
196980: Firestone, Spain
198086: GM European operations, Spain
1986: GM’s Opel, Germany
1987: head of purchasing for Europe




work with Jack Smith to make GM Europe profitable

1992, April: VP of Worldwide purchasing of GM


Jack Smith as president of GM in Spring 92

18

New Rules in Purchasing
by Jose Ignacio Lopez
 new
 all

rules
supply contracts by bidding

a

minimum of 10 bids for a supply contract, at least
one not in north America

 no

favorable treatment of internal suppliers,
70% among all

 50%

productivity improvement by 1995

19

New Rules in Purchasing
by Jose Ignacio Lopez
 second

phase: sending GM teams to help
suppliers for improvement and cost
reduction

 mixed

results

 exemplary

in some, e.g., Siemens, reduction of
85% assembly line time; 95 percent of
inventory; 20% of cost

 not

sharing cost sharing in some cases
20

New Rules in Purchasing
by Jose Ignacio Lopez


forced changes of existing supplier contracts


renegotiation of five-year contract, e.g., cuts of supplier
price of 5%, 3%, 2%, 2%, 1% in the next five years



close working relationship with unions



taking proprietary designs from suppliers for open
bidding by other suppliers



sharing insufficient fixed development cost with
suppliers

21

New Rules in Purchasing
by Jose Ignacio Lopez
 results
 saving

$4 bill for GM

 poor

relationship and rating by suppliers

 some

suppliers out of business

 loss


of supplier loyalty in long term

not providing best product, nor best service

 switching

partners at opportunity

22

Concurrent
Chrysler Purchasing Policy
 long-term

partnership with suppliers

 criterion:

contribution to whole product
development and manufacturing process,
not only cost

 involving

suppliers right at the beginning

23

Contract Renegotiation with
*
the Chilean Government

http://www.negotiations.com/case/contract-renegotiation/
24

Contract Renegotiation with the
Chilean Government*




contract renegotiation over the El Teniente copper mine
in Chile in 1960’s
two parties: Kennecott, a U.S. company, and Chilean
government
background: national sentiment in Chile for foreign
companies to exploit its natural resource



overwhelmingly strong BATNA of the Chilean government
either tough financial terms or even expropriating the mine


enough local experts to manage the mine

25

Contract Renegotiation with the
Chilean Government*



What can be done by Kennecott?
a six-step win-win strategy that strengthens Kennecott’s position







1 selling a majority equity of the mining operation to the Chilean
government
2 divesting the fund into US banks; getting an outside loan, to expand the mining
operations (effect: better deal in re-negotiation)
3 having the Chilean government to guarantee the loan, with the guarantee
under the law of New York state
4 insuring as many as possible assets with U.S. backed guarantees (effect: reducing loss
in case of expropriation)
5 negotiating to sell output from expansion to clients in Europe and North
America (effect: diversifying customer base)
6 lastly selling the rights of the new contracts to a consortium of financial
institutions from Japan, the United States and Europe (effect: multi-party negotiation
in future contract renegotiation, with parties having other interests with the Chile
Government)

http://www.negotiations.com/case/contract-renegotiation/

26

Contract Renegotiation with the
Chilean Government
 final

remark: expropriation years later but
much better position for Kennecott in
negotiation

27

Preparation and Tactics
in Negotiating

28

Preparation for Negotiation
 identify

participants and set up a team

 develop

objectives

 e.g.,

price, quality, form of collaboration,
service level, long-term relationship

 gather

relevant information

 market

price, historical prices, actual cost of
supplier, history, financial strength, quality,
service level, management of supplier, possible
negotiator from supplier …
29

Preparation for Negotiation
 analyze

strengths & weaknesses for
suppliers and oneself
 for

both sides, e.g.,

 how

important is the supplier to us

 how

much time we have

 any

other backup supplier

 how

important is the order for the supplier

 financial

strength of the supplier
30

Preparation for Negotiation
 recognize
 deduce

 identify
 to

other party’s needs

real needs in others’ perspectives

common goals and facts agreed

simplify discussion

 identify

issues to discuss

 (potential)

differences between the two sides

31

Preparation for Negotiation
 establish
 develop
 brief

positions and BATNA

strategies and tactics

personnel

 practice

the negotiation

32

Tactics







argue based on facts
answer carefully
mind other side’s feeling
know the deadline
avoid trapping oneself in a
corner









e.g., “accept or no deal”

have courage to say no
start with lowest
start with highest
show honesty
take the initiative
listen



disappearance of key persons



never give up



fictitious competition


unethical



order issues



take a rest to cool down



check security



select venue



use threat



side track the issue



raise questions



keep silent
33

Concessions


give-and-take being common in negotiation



guidelines for making concessions


reserve room for concessions



first understand the other side’s needs and objectives



first to concede minor but not the first to concede major



portray unimportant concessions as valuable



fight before every concession
34

Concessions
 guidelines
 give,

for making concessions

and remember to take

 concede
 never

slowly and by little

reveal deadline

 say

“no” occasionally

 try

not to retrieve concessions

 record

of concessions
35

Power in Negotiation
power: the ability to influence
 sources of negotiating power


informational power: presenting relevant facts and
persuasive argument
 reward power
 coercive power
 legitimate power: credentials of experts
 referent power: socially acceptable personal qualities
and attributes, e.g., physical, honesty, charisma,
friendliness, sensitivity


36

Win-Win Negotiation


win-lose – competitive or distributive bargaining



win-win – collaboration or integrative bargaining


beneficial to both sides usually by increasing value or expanding
resources to all participants



equitable sharing of profit or cost



tactics


expand the pie



logroll



compensation for compliance



a bridge solution

37

Getting to Yes
Negotiating Agreement Without Giving In
By Roger Fisher & William Ury

38

Tips from the Book
 don’t

bargain over positions

 separate
 focus

on interests, not positions

 invent
 insist

the people from the problem

options for Mutual Gain

on using objective criteria

39

Don’t Bargain Over Positions


C: customer; S: Shopkeeper



C: How much do you want for this brass dish?



S: That is beautiful antique, isn’t it? I guess I could let it go for $75.



C: Oh come on, it’s dented. I’ll give you $15.



S: Really! I might consider a serious offer, but $15 is certainly isn’t serious.



C: Well, I could to to $20, but I would never pay anything like $75. Quote me a realistic price.



S: You rive a hard bargain, young lady. $60 cash, right now.



C: $25.



S: It cost me a great deal more than that. Make me a serious offer.



C: $37.50. That’s the highest I will go.



S: Have you noticed the engraving on that dish? Next year pieces like that will be worth twice
what you pay today.

40

Focus on Interests, Not Positions
 Negotiation

between Egypt and Israel at
Camp David in 1879
 Egyptian Sinai Peninsula occupied by Israel
since the Six Day War in 1967
 Positions
 Egypt:

getting back whole Sinai Peninsula
 Israel: holding part of Sinai Peninsula for
national security
41

Focus on Interests, Not Positions
 interests
 Egypt:

sovereignty

 Israel:

national security

 Result:

returned the whole Sinai Peninsula
to Egypt and de-militarized large area for
security of Israel

42

Insist on using Objective Criteria

















I: Insurance Adjuster; T; Tom
I: We have studied your case and have decided the policy applies. That means you’re entitled
to a settlement of $6,600.
T: I see. How did you reach that figure?
I: That’s how much we decided the car was worth.
T: I understand, but what standard did you use to determine that amount? Do you know
where I can buy a comparable car for that much?
I: How much are you asking for?
T: Whatever I’m entitled to under the policy. I found a secondhand car just about like it for
$7,700. Adding eh sales and excise tax, it would come to about $8,000.
I: $8,000! That’s too much.
T: I’m not asking for $8,000 or $6,000 or $10,000, but for fair compensation. Do you agree that
it’s only fair I get enough to replace the car?
I: OK, I’ll offer you $7,000. That’s the highest I can go. Company policy.
T: How does the company figure that?
I: Look. $7,000 is all you’ll get. Take it or leave it.
T: $7,000 may be fair. I don’t know. I certainly understand your position if you’re bound by
company policy. But unless you can state objectively why that amount is what I’m entitled to, I
think I’ll do better in court. Why don’t we study the matter and talk again? Is Wednesday at
eleven a good time to talk?
….

43

Insist on using Objective Criteria















….
I: Ok, Mr. Griffith, I’ve got an adhere in today’s paper offering an ‘89 Taurus
for $6,800.
T: I see. What does it say about mileage?
I: 49,000. Why?
T: Because mine only had 25,000 miles. How many dollars does that increase
the worth in your book?
I: Let me see … $450.
T: Assuming the $6,800 as one possible base, that brings the figure to $7,250.
Does the ad say anything about a radio?
I: No.
T: How much extra for that in your book?
I: $125.
T: How much for air conditioning?
……
A half-hour later Tom walked out with a check for $8,024.
44


Slide 14

Negotiation

1

Outline
 standard

terms of negotiation

 examples

of negotiation

 David
 price

and Goliath

negotiation in a channel

 force-cost
a

reduction

company and a government

 preparation

and tactics of negotiation
2

Standard Terms in Negotiating

3

Negotiation


formal communication to seek mutual agreement


usually verbally



often between two sides



on sharing and allocation of resources, cost,
benefits, etc.



skills


required preparation



sharpened by practice
4

Terms in Negotiation
 BATNA

(best alternative to a negotiated
agreement) (底線)

 positions

(立場)

 interests

(利益)

 needs

(需要)

 wants

(願望)
5

Conditions to Use Negotiation
 expensive

operations



high-value, large-volume contract



complex technical requirements on product and
process, possibly evolving specifications



capital-intensive items, e.g., plant and equipment



special buyer-supplier relationship



important value-adding activities required from
suppler
6

Examples

7

Which Side Won?
 rental

negotiation

age
group size
status
company
Position in company

Party A
middle age
two, couple
landlord
local
owner

Party B
20’s
single
potential tenant
foreign
employee

8

Which Side Won?
 story
 potential

tenant slow in responding

 property

price gone up

 higher

rental expected by developers

9

Rental Contract Negotiation
by Mr. Stanley Yen
 Mr

Stanley Yen

 1971

June: started as a messenger in the
Taiwan branch of American Express (AET)

 1971

end: took care also general affairs of AET

…

 Now:

a living legend in tourism, management,
social welfare, …
10

Rental Contract Negotiation
by Mr. Stanley Yen


Mr. Yen, “How come you do this? As a custom of
foreign company, I recorded the agreed rental in a
memo.”



mutual respect that grew into long-term
employee-employer and then family-type
relationship



lessons


systematic



polite
11

Real-life Negotiation
with Suppliers

12

Examples of Price Negotiation


some general practice: 5th video clipping 00:14:20
to 00:20:20


depending on opponents




intellectual, traditional, personality

possessing information


BANTA and needs of opponents



market price, actual production cost



strengthen and BANTA of my company

13

Jose Ignacio Lopez
de Arriortua

14

Force-cost Reduction
 win-lose
 acting

strategy

personally, offensively, and emotionally

 demanding

 changing

immediate effect

existing contracts

 threatening

reduction or less no business

http://www.projectmagazine.com/monitoring-and-controlling/53cost/270-qforcedq-cost-reduction-how-to-respond
15

Deep Trouble of GM in Early 90’s

Michael H. Moffett and Willian E. Youngdahl (1999) Jose Ignacio Lopez de
Arriortua, Thunderbird International Business Review, 41(2) 179-194

16

Life of Jose Ignacio Lopez






doctorate in industrial engineering
196980: Firestone, Spain
198086: GM European operations, Spain
1986: GM’s Opel, Germany
1987: head of purchasing for Europe




work with Jack Smith to make GM Europe profitable

1992, April: VP of Worldwide purchasing of GM


Jack Smith as president of GM in Spring 92

18

New Rules in Purchasing
by Jose Ignacio Lopez
 new
 all

rules
supply contracts by bidding

a

minimum of 10 bids for a supply contract, at least
one not in north America

 no

favorable treatment of internal suppliers,
70% among all

 50%

productivity improvement by 1995

19

New Rules in Purchasing
by Jose Ignacio Lopez
 second

phase: sending GM teams to help
suppliers for improvement and cost
reduction

 mixed

results

 exemplary

in some, e.g., Siemens, reduction of
85% assembly line time; 95 percent of
inventory; 20% of cost

 not

sharing cost sharing in some cases
20

New Rules in Purchasing
by Jose Ignacio Lopez


forced changes of existing supplier contracts


renegotiation of five-year contract, e.g., cuts of supplier
price of 5%, 3%, 2%, 2%, 1% in the next five years



close working relationship with unions



taking proprietary designs from suppliers for open
bidding by other suppliers



sharing insufficient fixed development cost with
suppliers

21

New Rules in Purchasing
by Jose Ignacio Lopez
 results
 saving

$4 bill for GM

 poor

relationship and rating by suppliers

 some

suppliers out of business

 loss


of supplier loyalty in long term

not providing best product, nor best service

 switching

partners at opportunity

22

Concurrent
Chrysler Purchasing Policy
 long-term

partnership with suppliers

 criterion:

contribution to whole product
development and manufacturing process,
not only cost

 involving

suppliers right at the beginning

23

Contract Renegotiation with
*
the Chilean Government

http://www.negotiations.com/case/contract-renegotiation/
24

Contract Renegotiation with the
Chilean Government*




contract renegotiation over the El Teniente copper mine
in Chile in 1960’s
two parties: Kennecott, a U.S. company, and Chilean
government
background: national sentiment in Chile for foreign
companies to exploit its natural resource



overwhelmingly strong BATNA of the Chilean government
either tough financial terms or even expropriating the mine


enough local experts to manage the mine

25

Contract Renegotiation with the
Chilean Government*



What can be done by Kennecott?
a six-step win-win strategy that strengthens Kennecott’s position







1 selling a majority equity of the mining operation to the Chilean
government
2 divesting the fund into US banks; getting an outside loan, to expand the mining
operations (effect: better deal in re-negotiation)
3 having the Chilean government to guarantee the loan, with the guarantee
under the law of New York state
4 insuring as many as possible assets with U.S. backed guarantees (effect: reducing loss
in case of expropriation)
5 negotiating to sell output from expansion to clients in Europe and North
America (effect: diversifying customer base)
6 lastly selling the rights of the new contracts to a consortium of financial
institutions from Japan, the United States and Europe (effect: multi-party negotiation
in future contract renegotiation, with parties having other interests with the Chile
Government)

http://www.negotiations.com/case/contract-renegotiation/

26

Contract Renegotiation with the
Chilean Government
 final

remark: expropriation years later but
much better position for Kennecott in
negotiation

27

Preparation and Tactics
in Negotiating

28

Preparation for Negotiation
 identify

participants and set up a team

 develop

objectives

 e.g.,

price, quality, form of collaboration,
service level, long-term relationship

 gather

relevant information

 market

price, historical prices, actual cost of
supplier, history, financial strength, quality,
service level, management of supplier, possible
negotiator from supplier …
29

Preparation for Negotiation
 analyze

strengths & weaknesses for
suppliers and oneself
 for

both sides, e.g.,

 how

important is the supplier to us

 how

much time we have

 any

other backup supplier

 how

important is the order for the supplier

 financial

strength of the supplier
30

Preparation for Negotiation
 recognize
 deduce

 identify
 to

other party’s needs

real needs in others’ perspectives

common goals and facts agreed

simplify discussion

 identify

issues to discuss

 (potential)

differences between the two sides

31

Preparation for Negotiation
 establish
 develop
 brief

positions and BATNA

strategies and tactics

personnel

 practice

the negotiation

32

Tactics







argue based on facts
answer carefully
mind other side’s feeling
know the deadline
avoid trapping oneself in a
corner









e.g., “accept or no deal”

have courage to say no
start with lowest
start with highest
show honesty
take the initiative
listen



disappearance of key persons



never give up



fictitious competition


unethical



order issues



take a rest to cool down



check security



select venue



use threat



side track the issue



raise questions



keep silent
33

Concessions


give-and-take being common in negotiation



guidelines for making concessions


reserve room for concessions



first understand the other side’s needs and objectives



first to concede minor but not the first to concede major



portray unimportant concessions as valuable



fight before every concession
34

Concessions
 guidelines
 give,

for making concessions

and remember to take

 concede
 never

slowly and by little

reveal deadline

 say

“no” occasionally

 try

not to retrieve concessions

 record

of concessions
35

Power in Negotiation
power: the ability to influence
 sources of negotiating power


informational power: presenting relevant facts and
persuasive argument
 reward power
 coercive power
 legitimate power: credentials of experts
 referent power: socially acceptable personal qualities
and attributes, e.g., physical, honesty, charisma,
friendliness, sensitivity


36

Win-Win Negotiation


win-lose – competitive or distributive bargaining



win-win – collaboration or integrative bargaining


beneficial to both sides usually by increasing value or expanding
resources to all participants



equitable sharing of profit or cost



tactics


expand the pie



logroll



compensation for compliance



a bridge solution

37

Getting to Yes
Negotiating Agreement Without Giving In
By Roger Fisher & William Ury

38

Tips from the Book
 don’t

bargain over positions

 separate
 focus

on interests, not positions

 invent
 insist

the people from the problem

options for Mutual Gain

on using objective criteria

39

Don’t Bargain Over Positions


C: customer; S: Shopkeeper



C: How much do you want for this brass dish?



S: That is beautiful antique, isn’t it? I guess I could let it go for $75.



C: Oh come on, it’s dented. I’ll give you $15.



S: Really! I might consider a serious offer, but $15 is certainly isn’t serious.



C: Well, I could to to $20, but I would never pay anything like $75. Quote me a realistic price.



S: You rive a hard bargain, young lady. $60 cash, right now.



C: $25.



S: It cost me a great deal more than that. Make me a serious offer.



C: $37.50. That’s the highest I will go.



S: Have you noticed the engraving on that dish? Next year pieces like that will be worth twice
what you pay today.

40

Focus on Interests, Not Positions
 Negotiation

between Egypt and Israel at
Camp David in 1879
 Egyptian Sinai Peninsula occupied by Israel
since the Six Day War in 1967
 Positions
 Egypt:

getting back whole Sinai Peninsula
 Israel: holding part of Sinai Peninsula for
national security
41

Focus on Interests, Not Positions
 interests
 Egypt:

sovereignty

 Israel:

national security

 Result:

returned the whole Sinai Peninsula
to Egypt and de-militarized large area for
security of Israel

42

Insist on using Objective Criteria

















I: Insurance Adjuster; T; Tom
I: We have studied your case and have decided the policy applies. That means you’re entitled
to a settlement of $6,600.
T: I see. How did you reach that figure?
I: That’s how much we decided the car was worth.
T: I understand, but what standard did you use to determine that amount? Do you know
where I can buy a comparable car for that much?
I: How much are you asking for?
T: Whatever I’m entitled to under the policy. I found a secondhand car just about like it for
$7,700. Adding eh sales and excise tax, it would come to about $8,000.
I: $8,000! That’s too much.
T: I’m not asking for $8,000 or $6,000 or $10,000, but for fair compensation. Do you agree that
it’s only fair I get enough to replace the car?
I: OK, I’ll offer you $7,000. That’s the highest I can go. Company policy.
T: How does the company figure that?
I: Look. $7,000 is all you’ll get. Take it or leave it.
T: $7,000 may be fair. I don’t know. I certainly understand your position if you’re bound by
company policy. But unless you can state objectively why that amount is what I’m entitled to, I
think I’ll do better in court. Why don’t we study the matter and talk again? Is Wednesday at
eleven a good time to talk?
….

43

Insist on using Objective Criteria















….
I: Ok, Mr. Griffith, I’ve got an adhere in today’s paper offering an ‘89 Taurus
for $6,800.
T: I see. What does it say about mileage?
I: 49,000. Why?
T: Because mine only had 25,000 miles. How many dollars does that increase
the worth in your book?
I: Let me see … $450.
T: Assuming the $6,800 as one possible base, that brings the figure to $7,250.
Does the ad say anything about a radio?
I: No.
T: How much extra for that in your book?
I: $125.
T: How much for air conditioning?
……
A half-hour later Tom walked out with a check for $8,024.
44


Slide 15

Negotiation

1

Outline
 standard

terms of negotiation

 examples

of negotiation

 David
 price

and Goliath

negotiation in a channel

 force-cost
a

reduction

company and a government

 preparation

and tactics of negotiation
2

Standard Terms in Negotiating

3

Negotiation


formal communication to seek mutual agreement


usually verbally



often between two sides



on sharing and allocation of resources, cost,
benefits, etc.



skills


required preparation



sharpened by practice
4

Terms in Negotiation
 BATNA

(best alternative to a negotiated
agreement) (底線)

 positions

(立場)

 interests

(利益)

 needs

(需要)

 wants

(願望)
5

Conditions to Use Negotiation
 expensive

operations



high-value, large-volume contract



complex technical requirements on product and
process, possibly evolving specifications



capital-intensive items, e.g., plant and equipment



special buyer-supplier relationship



important value-adding activities required from
suppler
6

Examples

7

Which Side Won?
 rental

negotiation

age
group size
status
company
Position in company

Party A
middle age
two, couple
landlord
local
owner

Party B
20’s
single
potential tenant
foreign
employee

8

Which Side Won?
 story
 potential

tenant slow in responding

 property

price gone up

 higher

rental expected by developers

9

Rental Contract Negotiation
by Mr. Stanley Yen
 Mr

Stanley Yen

 1971

June: started as a messenger in the
Taiwan branch of American Express (AET)

 1971

end: took care also general affairs of AET

…

 Now:

a living legend in tourism, management,
social welfare, …
10

Rental Contract Negotiation
by Mr. Stanley Yen


Mr. Yen, “How come you do this? As a custom of
foreign company, I recorded the agreed rental in a
memo.”



mutual respect that grew into long-term
employee-employer and then family-type
relationship



lessons


systematic



polite
11

Real-life Negotiation
with Suppliers

12

Examples of Price Negotiation


some general practice: 5th video clipping 00:14:20
to 00:20:20


depending on opponents




intellectual, traditional, personality

possessing information


BANTA and needs of opponents



market price, actual production cost



strengthen and BANTA of my company

13

Jose Ignacio Lopez
de Arriortua

14

Force-cost Reduction
 win-lose
 acting

strategy

personally, offensively, and emotionally

 demanding

 changing

immediate effect

existing contracts

 threatening

reduction or less no business

http://www.projectmagazine.com/monitoring-and-controlling/53cost/270-qforcedq-cost-reduction-how-to-respond
15

Deep Trouble of GM in Early 90’s

Michael H. Moffett and Willian E. Youngdahl (1999) Jose Ignacio Lopez de
Arriortua, Thunderbird International Business Review, 41(2) 179-194

16

Life of Jose Ignacio Lopez






doctorate in industrial engineering
196980: Firestone, Spain
198086: GM European operations, Spain
1986: GM’s Opel, Germany
1987: head of purchasing for Europe




work with Jack Smith to make GM Europe profitable

1992, April: VP of Worldwide purchasing of GM


Jack Smith as president of GM in Spring 92

18

New Rules in Purchasing
by Jose Ignacio Lopez
 new
 all

rules
supply contracts by bidding

a

minimum of 10 bids for a supply contract, at least
one not in north America

 no

favorable treatment of internal suppliers,
70% among all

 50%

productivity improvement by 1995

19

New Rules in Purchasing
by Jose Ignacio Lopez
 second

phase: sending GM teams to help
suppliers for improvement and cost
reduction

 mixed

results

 exemplary

in some, e.g., Siemens, reduction of
85% assembly line time; 95 percent of
inventory; 20% of cost

 not

sharing cost sharing in some cases
20

New Rules in Purchasing
by Jose Ignacio Lopez


forced changes of existing supplier contracts


renegotiation of five-year contract, e.g., cuts of supplier
price of 5%, 3%, 2%, 2%, 1% in the next five years



close working relationship with unions



taking proprietary designs from suppliers for open
bidding by other suppliers



sharing insufficient fixed development cost with
suppliers

21

New Rules in Purchasing
by Jose Ignacio Lopez
 results
 saving

$4 bill for GM

 poor

relationship and rating by suppliers

 some

suppliers out of business

 loss


of supplier loyalty in long term

not providing best product, nor best service

 switching

partners at opportunity

22

Concurrent
Chrysler Purchasing Policy
 long-term

partnership with suppliers

 criterion:

contribution to whole product
development and manufacturing process,
not only cost

 involving

suppliers right at the beginning

23

Contract Renegotiation with
*
the Chilean Government

http://www.negotiations.com/case/contract-renegotiation/
24

Contract Renegotiation with the
Chilean Government*




contract renegotiation over the El Teniente copper mine
in Chile in 1960’s
two parties: Kennecott, a U.S. company, and Chilean
government
background: national sentiment in Chile for foreign
companies to exploit its natural resource



overwhelmingly strong BATNA of the Chilean government
either tough financial terms or even expropriating the mine


enough local experts to manage the mine

25

Contract Renegotiation with the
Chilean Government*



What can be done by Kennecott?
a six-step win-win strategy that strengthens Kennecott’s position







1 selling a majority equity of the mining operation to the Chilean
government
2 divesting the fund into US banks; getting an outside loan, to expand the mining
operations (effect: better deal in re-negotiation)
3 having the Chilean government to guarantee the loan, with the guarantee
under the law of New York state
4 insuring as many as possible assets with U.S. backed guarantees (effect: reducing loss
in case of expropriation)
5 negotiating to sell output from expansion to clients in Europe and North
America (effect: diversifying customer base)
6 lastly selling the rights of the new contracts to a consortium of financial
institutions from Japan, the United States and Europe (effect: multi-party negotiation
in future contract renegotiation, with parties having other interests with the Chile
Government)

http://www.negotiations.com/case/contract-renegotiation/

26

Contract Renegotiation with the
Chilean Government
 final

remark: expropriation years later but
much better position for Kennecott in
negotiation

27

Preparation and Tactics
in Negotiating

28

Preparation for Negotiation
 identify

participants and set up a team

 develop

objectives

 e.g.,

price, quality, form of collaboration,
service level, long-term relationship

 gather

relevant information

 market

price, historical prices, actual cost of
supplier, history, financial strength, quality,
service level, management of supplier, possible
negotiator from supplier …
29

Preparation for Negotiation
 analyze

strengths & weaknesses for
suppliers and oneself
 for

both sides, e.g.,

 how

important is the supplier to us

 how

much time we have

 any

other backup supplier

 how

important is the order for the supplier

 financial

strength of the supplier
30

Preparation for Negotiation
 recognize
 deduce

 identify
 to

other party’s needs

real needs in others’ perspectives

common goals and facts agreed

simplify discussion

 identify

issues to discuss

 (potential)

differences between the two sides

31

Preparation for Negotiation
 establish
 develop
 brief

positions and BATNA

strategies and tactics

personnel

 practice

the negotiation

32

Tactics







argue based on facts
answer carefully
mind other side’s feeling
know the deadline
avoid trapping oneself in a
corner









e.g., “accept or no deal”

have courage to say no
start with lowest
start with highest
show honesty
take the initiative
listen



disappearance of key persons



never give up



fictitious competition


unethical



order issues



take a rest to cool down



check security



select venue



use threat



side track the issue



raise questions



keep silent
33

Concessions


give-and-take being common in negotiation



guidelines for making concessions


reserve room for concessions



first understand the other side’s needs and objectives



first to concede minor but not the first to concede major



portray unimportant concessions as valuable



fight before every concession
34

Concessions
 guidelines
 give,

for making concessions

and remember to take

 concede
 never

slowly and by little

reveal deadline

 say

“no” occasionally

 try

not to retrieve concessions

 record

of concessions
35

Power in Negotiation
power: the ability to influence
 sources of negotiating power


informational power: presenting relevant facts and
persuasive argument
 reward power
 coercive power
 legitimate power: credentials of experts
 referent power: socially acceptable personal qualities
and attributes, e.g., physical, honesty, charisma,
friendliness, sensitivity


36

Win-Win Negotiation


win-lose – competitive or distributive bargaining



win-win – collaboration or integrative bargaining


beneficial to both sides usually by increasing value or expanding
resources to all participants



equitable sharing of profit or cost



tactics


expand the pie



logroll



compensation for compliance



a bridge solution

37

Getting to Yes
Negotiating Agreement Without Giving In
By Roger Fisher & William Ury

38

Tips from the Book
 don’t

bargain over positions

 separate
 focus

on interests, not positions

 invent
 insist

the people from the problem

options for Mutual Gain

on using objective criteria

39

Don’t Bargain Over Positions


C: customer; S: Shopkeeper



C: How much do you want for this brass dish?



S: That is beautiful antique, isn’t it? I guess I could let it go for $75.



C: Oh come on, it’s dented. I’ll give you $15.



S: Really! I might consider a serious offer, but $15 is certainly isn’t serious.



C: Well, I could to to $20, but I would never pay anything like $75. Quote me a realistic price.



S: You rive a hard bargain, young lady. $60 cash, right now.



C: $25.



S: It cost me a great deal more than that. Make me a serious offer.



C: $37.50. That’s the highest I will go.



S: Have you noticed the engraving on that dish? Next year pieces like that will be worth twice
what you pay today.

40

Focus on Interests, Not Positions
 Negotiation

between Egypt and Israel at
Camp David in 1879
 Egyptian Sinai Peninsula occupied by Israel
since the Six Day War in 1967
 Positions
 Egypt:

getting back whole Sinai Peninsula
 Israel: holding part of Sinai Peninsula for
national security
41

Focus on Interests, Not Positions
 interests
 Egypt:

sovereignty

 Israel:

national security

 Result:

returned the whole Sinai Peninsula
to Egypt and de-militarized large area for
security of Israel

42

Insist on using Objective Criteria

















I: Insurance Adjuster; T; Tom
I: We have studied your case and have decided the policy applies. That means you’re entitled
to a settlement of $6,600.
T: I see. How did you reach that figure?
I: That’s how much we decided the car was worth.
T: I understand, but what standard did you use to determine that amount? Do you know
where I can buy a comparable car for that much?
I: How much are you asking for?
T: Whatever I’m entitled to under the policy. I found a secondhand car just about like it for
$7,700. Adding eh sales and excise tax, it would come to about $8,000.
I: $8,000! That’s too much.
T: I’m not asking for $8,000 or $6,000 or $10,000, but for fair compensation. Do you agree that
it’s only fair I get enough to replace the car?
I: OK, I’ll offer you $7,000. That’s the highest I can go. Company policy.
T: How does the company figure that?
I: Look. $7,000 is all you’ll get. Take it or leave it.
T: $7,000 may be fair. I don’t know. I certainly understand your position if you’re bound by
company policy. But unless you can state objectively why that amount is what I’m entitled to, I
think I’ll do better in court. Why don’t we study the matter and talk again? Is Wednesday at
eleven a good time to talk?
….

43

Insist on using Objective Criteria















….
I: Ok, Mr. Griffith, I’ve got an adhere in today’s paper offering an ‘89 Taurus
for $6,800.
T: I see. What does it say about mileage?
I: 49,000. Why?
T: Because mine only had 25,000 miles. How many dollars does that increase
the worth in your book?
I: Let me see … $450.
T: Assuming the $6,800 as one possible base, that brings the figure to $7,250.
Does the ad say anything about a radio?
I: No.
T: How much extra for that in your book?
I: $125.
T: How much for air conditioning?
……
A half-hour later Tom walked out with a check for $8,024.
44


Slide 16

Negotiation

1

Outline
 standard

terms of negotiation

 examples

of negotiation

 David
 price

and Goliath

negotiation in a channel

 force-cost
a

reduction

company and a government

 preparation

and tactics of negotiation
2

Standard Terms in Negotiating

3

Negotiation


formal communication to seek mutual agreement


usually verbally



often between two sides



on sharing and allocation of resources, cost,
benefits, etc.



skills


required preparation



sharpened by practice
4

Terms in Negotiation
 BATNA

(best alternative to a negotiated
agreement) (底線)

 positions

(立場)

 interests

(利益)

 needs

(需要)

 wants

(願望)
5

Conditions to Use Negotiation
 expensive

operations



high-value, large-volume contract



complex technical requirements on product and
process, possibly evolving specifications



capital-intensive items, e.g., plant and equipment



special buyer-supplier relationship



important value-adding activities required from
suppler
6

Examples

7

Which Side Won?
 rental

negotiation

age
group size
status
company
Position in company

Party A
middle age
two, couple
landlord
local
owner

Party B
20’s
single
potential tenant
foreign
employee

8

Which Side Won?
 story
 potential

tenant slow in responding

 property

price gone up

 higher

rental expected by developers

9

Rental Contract Negotiation
by Mr. Stanley Yen
 Mr

Stanley Yen

 1971

June: started as a messenger in the
Taiwan branch of American Express (AET)

 1971

end: took care also general affairs of AET

…

 Now:

a living legend in tourism, management,
social welfare, …
10

Rental Contract Negotiation
by Mr. Stanley Yen


Mr. Yen, “How come you do this? As a custom of
foreign company, I recorded the agreed rental in a
memo.”



mutual respect that grew into long-term
employee-employer and then family-type
relationship



lessons


systematic



polite
11

Real-life Negotiation
with Suppliers

12

Examples of Price Negotiation


some general practice: 5th video clipping 00:14:20
to 00:20:20


depending on opponents




intellectual, traditional, personality

possessing information


BANTA and needs of opponents



market price, actual production cost



strengthen and BANTA of my company

13

Jose Ignacio Lopez
de Arriortua

14

Force-cost Reduction
 win-lose
 acting

strategy

personally, offensively, and emotionally

 demanding

 changing

immediate effect

existing contracts

 threatening

reduction or less no business

http://www.projectmagazine.com/monitoring-and-controlling/53cost/270-qforcedq-cost-reduction-how-to-respond
15

Deep Trouble of GM in Early 90’s

Michael H. Moffett and Willian E. Youngdahl (1999) Jose Ignacio Lopez de
Arriortua, Thunderbird International Business Review, 41(2) 179-194

16

Life of Jose Ignacio Lopez






doctorate in industrial engineering
196980: Firestone, Spain
198086: GM European operations, Spain
1986: GM’s Opel, Germany
1987: head of purchasing for Europe




work with Jack Smith to make GM Europe profitable

1992, April: VP of Worldwide purchasing of GM


Jack Smith as president of GM in Spring 92

18

New Rules in Purchasing
by Jose Ignacio Lopez
 new
 all

rules
supply contracts by bidding

a

minimum of 10 bids for a supply contract, at least
one not in north America

 no

favorable treatment of internal suppliers,
70% among all

 50%

productivity improvement by 1995

19

New Rules in Purchasing
by Jose Ignacio Lopez
 second

phase: sending GM teams to help
suppliers for improvement and cost
reduction

 mixed

results

 exemplary

in some, e.g., Siemens, reduction of
85% assembly line time; 95 percent of
inventory; 20% of cost

 not

sharing cost sharing in some cases
20

New Rules in Purchasing
by Jose Ignacio Lopez


forced changes of existing supplier contracts


renegotiation of five-year contract, e.g., cuts of supplier
price of 5%, 3%, 2%, 2%, 1% in the next five years



close working relationship with unions



taking proprietary designs from suppliers for open
bidding by other suppliers



sharing insufficient fixed development cost with
suppliers

21

New Rules in Purchasing
by Jose Ignacio Lopez
 results
 saving

$4 bill for GM

 poor

relationship and rating by suppliers

 some

suppliers out of business

 loss


of supplier loyalty in long term

not providing best product, nor best service

 switching

partners at opportunity

22

Concurrent
Chrysler Purchasing Policy
 long-term

partnership with suppliers

 criterion:

contribution to whole product
development and manufacturing process,
not only cost

 involving

suppliers right at the beginning

23

Contract Renegotiation with
*
the Chilean Government

http://www.negotiations.com/case/contract-renegotiation/
24

Contract Renegotiation with the
Chilean Government*




contract renegotiation over the El Teniente copper mine
in Chile in 1960’s
two parties: Kennecott, a U.S. company, and Chilean
government
background: national sentiment in Chile for foreign
companies to exploit its natural resource



overwhelmingly strong BATNA of the Chilean government
either tough financial terms or even expropriating the mine


enough local experts to manage the mine

25

Contract Renegotiation with the
Chilean Government*



What can be done by Kennecott?
a six-step win-win strategy that strengthens Kennecott’s position







1 selling a majority equity of the mining operation to the Chilean
government
2 divesting the fund into US banks; getting an outside loan, to expand the mining
operations (effect: better deal in re-negotiation)
3 having the Chilean government to guarantee the loan, with the guarantee
under the law of New York state
4 insuring as many as possible assets with U.S. backed guarantees (effect: reducing loss
in case of expropriation)
5 negotiating to sell output from expansion to clients in Europe and North
America (effect: diversifying customer base)
6 lastly selling the rights of the new contracts to a consortium of financial
institutions from Japan, the United States and Europe (effect: multi-party negotiation
in future contract renegotiation, with parties having other interests with the Chile
Government)

http://www.negotiations.com/case/contract-renegotiation/

26

Contract Renegotiation with the
Chilean Government
 final

remark: expropriation years later but
much better position for Kennecott in
negotiation

27

Preparation and Tactics
in Negotiating

28

Preparation for Negotiation
 identify

participants and set up a team

 develop

objectives

 e.g.,

price, quality, form of collaboration,
service level, long-term relationship

 gather

relevant information

 market

price, historical prices, actual cost of
supplier, history, financial strength, quality,
service level, management of supplier, possible
negotiator from supplier …
29

Preparation for Negotiation
 analyze

strengths & weaknesses for
suppliers and oneself
 for

both sides, e.g.,

 how

important is the supplier to us

 how

much time we have

 any

other backup supplier

 how

important is the order for the supplier

 financial

strength of the supplier
30

Preparation for Negotiation
 recognize
 deduce

 identify
 to

other party’s needs

real needs in others’ perspectives

common goals and facts agreed

simplify discussion

 identify

issues to discuss

 (potential)

differences between the two sides

31

Preparation for Negotiation
 establish
 develop
 brief

positions and BATNA

strategies and tactics

personnel

 practice

the negotiation

32

Tactics







argue based on facts
answer carefully
mind other side’s feeling
know the deadline
avoid trapping oneself in a
corner









e.g., “accept or no deal”

have courage to say no
start with lowest
start with highest
show honesty
take the initiative
listen



disappearance of key persons



never give up



fictitious competition


unethical



order issues



take a rest to cool down



check security



select venue



use threat



side track the issue



raise questions



keep silent
33

Concessions


give-and-take being common in negotiation



guidelines for making concessions


reserve room for concessions



first understand the other side’s needs and objectives



first to concede minor but not the first to concede major



portray unimportant concessions as valuable



fight before every concession
34

Concessions
 guidelines
 give,

for making concessions

and remember to take

 concede
 never

slowly and by little

reveal deadline

 say

“no” occasionally

 try

not to retrieve concessions

 record

of concessions
35

Power in Negotiation
power: the ability to influence
 sources of negotiating power


informational power: presenting relevant facts and
persuasive argument
 reward power
 coercive power
 legitimate power: credentials of experts
 referent power: socially acceptable personal qualities
and attributes, e.g., physical, honesty, charisma,
friendliness, sensitivity


36

Win-Win Negotiation


win-lose – competitive or distributive bargaining



win-win – collaboration or integrative bargaining


beneficial to both sides usually by increasing value or expanding
resources to all participants



equitable sharing of profit or cost



tactics


expand the pie



logroll



compensation for compliance



a bridge solution

37

Getting to Yes
Negotiating Agreement Without Giving In
By Roger Fisher & William Ury

38

Tips from the Book
 don’t

bargain over positions

 separate
 focus

on interests, not positions

 invent
 insist

the people from the problem

options for Mutual Gain

on using objective criteria

39

Don’t Bargain Over Positions


C: customer; S: Shopkeeper



C: How much do you want for this brass dish?



S: That is beautiful antique, isn’t it? I guess I could let it go for $75.



C: Oh come on, it’s dented. I’ll give you $15.



S: Really! I might consider a serious offer, but $15 is certainly isn’t serious.



C: Well, I could to to $20, but I would never pay anything like $75. Quote me a realistic price.



S: You rive a hard bargain, young lady. $60 cash, right now.



C: $25.



S: It cost me a great deal more than that. Make me a serious offer.



C: $37.50. That’s the highest I will go.



S: Have you noticed the engraving on that dish? Next year pieces like that will be worth twice
what you pay today.

40

Focus on Interests, Not Positions
 Negotiation

between Egypt and Israel at
Camp David in 1879
 Egyptian Sinai Peninsula occupied by Israel
since the Six Day War in 1967
 Positions
 Egypt:

getting back whole Sinai Peninsula
 Israel: holding part of Sinai Peninsula for
national security
41

Focus on Interests, Not Positions
 interests
 Egypt:

sovereignty

 Israel:

national security

 Result:

returned the whole Sinai Peninsula
to Egypt and de-militarized large area for
security of Israel

42

Insist on using Objective Criteria

















I: Insurance Adjuster; T; Tom
I: We have studied your case and have decided the policy applies. That means you’re entitled
to a settlement of $6,600.
T: I see. How did you reach that figure?
I: That’s how much we decided the car was worth.
T: I understand, but what standard did you use to determine that amount? Do you know
where I can buy a comparable car for that much?
I: How much are you asking for?
T: Whatever I’m entitled to under the policy. I found a secondhand car just about like it for
$7,700. Adding eh sales and excise tax, it would come to about $8,000.
I: $8,000! That’s too much.
T: I’m not asking for $8,000 or $6,000 or $10,000, but for fair compensation. Do you agree that
it’s only fair I get enough to replace the car?
I: OK, I’ll offer you $7,000. That’s the highest I can go. Company policy.
T: How does the company figure that?
I: Look. $7,000 is all you’ll get. Take it or leave it.
T: $7,000 may be fair. I don’t know. I certainly understand your position if you’re bound by
company policy. But unless you can state objectively why that amount is what I’m entitled to, I
think I’ll do better in court. Why don’t we study the matter and talk again? Is Wednesday at
eleven a good time to talk?
….

43

Insist on using Objective Criteria















….
I: Ok, Mr. Griffith, I’ve got an adhere in today’s paper offering an ‘89 Taurus
for $6,800.
T: I see. What does it say about mileage?
I: 49,000. Why?
T: Because mine only had 25,000 miles. How many dollars does that increase
the worth in your book?
I: Let me see … $450.
T: Assuming the $6,800 as one possible base, that brings the figure to $7,250.
Does the ad say anything about a radio?
I: No.
T: How much extra for that in your book?
I: $125.
T: How much for air conditioning?
……
A half-hour later Tom walked out with a check for $8,024.
44


Slide 17

Negotiation

1

Outline
 standard

terms of negotiation

 examples

of negotiation

 David
 price

and Goliath

negotiation in a channel

 force-cost
a

reduction

company and a government

 preparation

and tactics of negotiation
2

Standard Terms in Negotiating

3

Negotiation


formal communication to seek mutual agreement


usually verbally



often between two sides



on sharing and allocation of resources, cost,
benefits, etc.



skills


required preparation



sharpened by practice
4

Terms in Negotiation
 BATNA

(best alternative to a negotiated
agreement) (底線)

 positions

(立場)

 interests

(利益)

 needs

(需要)

 wants

(願望)
5

Conditions to Use Negotiation
 expensive

operations



high-value, large-volume contract



complex technical requirements on product and
process, possibly evolving specifications



capital-intensive items, e.g., plant and equipment



special buyer-supplier relationship



important value-adding activities required from
suppler
6

Examples

7

Which Side Won?
 rental

negotiation

age
group size
status
company
Position in company

Party A
middle age
two, couple
landlord
local
owner

Party B
20’s
single
potential tenant
foreign
employee

8

Which Side Won?
 story
 potential

tenant slow in responding

 property

price gone up

 higher

rental expected by developers

9

Rental Contract Negotiation
by Mr. Stanley Yen
 Mr

Stanley Yen

 1971

June: started as a messenger in the
Taiwan branch of American Express (AET)

 1971

end: took care also general affairs of AET

…

 Now:

a living legend in tourism, management,
social welfare, …
10

Rental Contract Negotiation
by Mr. Stanley Yen


Mr. Yen, “How come you do this? As a custom of
foreign company, I recorded the agreed rental in a
memo.”



mutual respect that grew into long-term
employee-employer and then family-type
relationship



lessons


systematic



polite
11

Real-life Negotiation
with Suppliers

12

Examples of Price Negotiation


some general practice: 5th video clipping 00:14:20
to 00:20:20


depending on opponents




intellectual, traditional, personality

possessing information


BANTA and needs of opponents



market price, actual production cost



strengthen and BANTA of my company

13

Jose Ignacio Lopez
de Arriortua

14

Force-cost Reduction
 win-lose
 acting

strategy

personally, offensively, and emotionally

 demanding

 changing

immediate effect

existing contracts

 threatening

reduction or less no business

http://www.projectmagazine.com/monitoring-and-controlling/53cost/270-qforcedq-cost-reduction-how-to-respond
15

Deep Trouble of GM in Early 90’s

Michael H. Moffett and Willian E. Youngdahl (1999) Jose Ignacio Lopez de
Arriortua, Thunderbird International Business Review, 41(2) 179-194

16

Life of Jose Ignacio Lopez






doctorate in industrial engineering
196980: Firestone, Spain
198086: GM European operations, Spain
1986: GM’s Opel, Germany
1987: head of purchasing for Europe




work with Jack Smith to make GM Europe profitable

1992, April: VP of Worldwide purchasing of GM


Jack Smith as president of GM in Spring 92

18

New Rules in Purchasing
by Jose Ignacio Lopez
 new
 all

rules
supply contracts by bidding

a

minimum of 10 bids for a supply contract, at least
one not in north America

 no

favorable treatment of internal suppliers,
70% among all

 50%

productivity improvement by 1995

19

New Rules in Purchasing
by Jose Ignacio Lopez
 second

phase: sending GM teams to help
suppliers for improvement and cost
reduction

 mixed

results

 exemplary

in some, e.g., Siemens, reduction of
85% assembly line time; 95 percent of
inventory; 20% of cost

 not

sharing cost sharing in some cases
20

New Rules in Purchasing
by Jose Ignacio Lopez


forced changes of existing supplier contracts


renegotiation of five-year contract, e.g., cuts of supplier
price of 5%, 3%, 2%, 2%, 1% in the next five years



close working relationship with unions



taking proprietary designs from suppliers for open
bidding by other suppliers



sharing insufficient fixed development cost with
suppliers

21

New Rules in Purchasing
by Jose Ignacio Lopez
 results
 saving

$4 bill for GM

 poor

relationship and rating by suppliers

 some

suppliers out of business

 loss


of supplier loyalty in long term

not providing best product, nor best service

 switching

partners at opportunity

22

Concurrent
Chrysler Purchasing Policy
 long-term

partnership with suppliers

 criterion:

contribution to whole product
development and manufacturing process,
not only cost

 involving

suppliers right at the beginning

23

Contract Renegotiation with
*
the Chilean Government

http://www.negotiations.com/case/contract-renegotiation/
24

Contract Renegotiation with the
Chilean Government*




contract renegotiation over the El Teniente copper mine
in Chile in 1960’s
two parties: Kennecott, a U.S. company, and Chilean
government
background: national sentiment in Chile for foreign
companies to exploit its natural resource



overwhelmingly strong BATNA of the Chilean government
either tough financial terms or even expropriating the mine


enough local experts to manage the mine

25

Contract Renegotiation with the
Chilean Government*



What can be done by Kennecott?
a six-step win-win strategy that strengthens Kennecott’s position







1 selling a majority equity of the mining operation to the Chilean
government
2 divesting the fund into US banks; getting an outside loan, to expand the mining
operations (effect: better deal in re-negotiation)
3 having the Chilean government to guarantee the loan, with the guarantee
under the law of New York state
4 insuring as many as possible assets with U.S. backed guarantees (effect: reducing loss
in case of expropriation)
5 negotiating to sell output from expansion to clients in Europe and North
America (effect: diversifying customer base)
6 lastly selling the rights of the new contracts to a consortium of financial
institutions from Japan, the United States and Europe (effect: multi-party negotiation
in future contract renegotiation, with parties having other interests with the Chile
Government)

http://www.negotiations.com/case/contract-renegotiation/

26

Contract Renegotiation with the
Chilean Government
 final

remark: expropriation years later but
much better position for Kennecott in
negotiation

27

Preparation and Tactics
in Negotiating

28

Preparation for Negotiation
 identify

participants and set up a team

 develop

objectives

 e.g.,

price, quality, form of collaboration,
service level, long-term relationship

 gather

relevant information

 market

price, historical prices, actual cost of
supplier, history, financial strength, quality,
service level, management of supplier, possible
negotiator from supplier …
29

Preparation for Negotiation
 analyze

strengths & weaknesses for
suppliers and oneself
 for

both sides, e.g.,

 how

important is the supplier to us

 how

much time we have

 any

other backup supplier

 how

important is the order for the supplier

 financial

strength of the supplier
30

Preparation for Negotiation
 recognize
 deduce

 identify
 to

other party’s needs

real needs in others’ perspectives

common goals and facts agreed

simplify discussion

 identify

issues to discuss

 (potential)

differences between the two sides

31

Preparation for Negotiation
 establish
 develop
 brief

positions and BATNA

strategies and tactics

personnel

 practice

the negotiation

32

Tactics







argue based on facts
answer carefully
mind other side’s feeling
know the deadline
avoid trapping oneself in a
corner









e.g., “accept or no deal”

have courage to say no
start with lowest
start with highest
show honesty
take the initiative
listen



disappearance of key persons



never give up



fictitious competition


unethical



order issues



take a rest to cool down



check security



select venue



use threat



side track the issue



raise questions



keep silent
33

Concessions


give-and-take being common in negotiation



guidelines for making concessions


reserve room for concessions



first understand the other side’s needs and objectives



first to concede minor but not the first to concede major



portray unimportant concessions as valuable



fight before every concession
34

Concessions
 guidelines
 give,

for making concessions

and remember to take

 concede
 never

slowly and by little

reveal deadline

 say

“no” occasionally

 try

not to retrieve concessions

 record

of concessions
35

Power in Negotiation
power: the ability to influence
 sources of negotiating power


informational power: presenting relevant facts and
persuasive argument
 reward power
 coercive power
 legitimate power: credentials of experts
 referent power: socially acceptable personal qualities
and attributes, e.g., physical, honesty, charisma,
friendliness, sensitivity


36

Win-Win Negotiation


win-lose – competitive or distributive bargaining



win-win – collaboration or integrative bargaining


beneficial to both sides usually by increasing value or expanding
resources to all participants



equitable sharing of profit or cost



tactics


expand the pie



logroll



compensation for compliance



a bridge solution

37

Getting to Yes
Negotiating Agreement Without Giving In
By Roger Fisher & William Ury

38

Tips from the Book
 don’t

bargain over positions

 separate
 focus

on interests, not positions

 invent
 insist

the people from the problem

options for Mutual Gain

on using objective criteria

39

Don’t Bargain Over Positions


C: customer; S: Shopkeeper



C: How much do you want for this brass dish?



S: That is beautiful antique, isn’t it? I guess I could let it go for $75.



C: Oh come on, it’s dented. I’ll give you $15.



S: Really! I might consider a serious offer, but $15 is certainly isn’t serious.



C: Well, I could to to $20, but I would never pay anything like $75. Quote me a realistic price.



S: You rive a hard bargain, young lady. $60 cash, right now.



C: $25.



S: It cost me a great deal more than that. Make me a serious offer.



C: $37.50. That’s the highest I will go.



S: Have you noticed the engraving on that dish? Next year pieces like that will be worth twice
what you pay today.

40

Focus on Interests, Not Positions
 Negotiation

between Egypt and Israel at
Camp David in 1879
 Egyptian Sinai Peninsula occupied by Israel
since the Six Day War in 1967
 Positions
 Egypt:

getting back whole Sinai Peninsula
 Israel: holding part of Sinai Peninsula for
national security
41

Focus on Interests, Not Positions
 interests
 Egypt:

sovereignty

 Israel:

national security

 Result:

returned the whole Sinai Peninsula
to Egypt and de-militarized large area for
security of Israel

42

Insist on using Objective Criteria

















I: Insurance Adjuster; T; Tom
I: We have studied your case and have decided the policy applies. That means you’re entitled
to a settlement of $6,600.
T: I see. How did you reach that figure?
I: That’s how much we decided the car was worth.
T: I understand, but what standard did you use to determine that amount? Do you know
where I can buy a comparable car for that much?
I: How much are you asking for?
T: Whatever I’m entitled to under the policy. I found a secondhand car just about like it for
$7,700. Adding eh sales and excise tax, it would come to about $8,000.
I: $8,000! That’s too much.
T: I’m not asking for $8,000 or $6,000 or $10,000, but for fair compensation. Do you agree that
it’s only fair I get enough to replace the car?
I: OK, I’ll offer you $7,000. That’s the highest I can go. Company policy.
T: How does the company figure that?
I: Look. $7,000 is all you’ll get. Take it or leave it.
T: $7,000 may be fair. I don’t know. I certainly understand your position if you’re bound by
company policy. But unless you can state objectively why that amount is what I’m entitled to, I
think I’ll do better in court. Why don’t we study the matter and talk again? Is Wednesday at
eleven a good time to talk?
….

43

Insist on using Objective Criteria















….
I: Ok, Mr. Griffith, I’ve got an adhere in today’s paper offering an ‘89 Taurus
for $6,800.
T: I see. What does it say about mileage?
I: 49,000. Why?
T: Because mine only had 25,000 miles. How many dollars does that increase
the worth in your book?
I: Let me see … $450.
T: Assuming the $6,800 as one possible base, that brings the figure to $7,250.
Does the ad say anything about a radio?
I: No.
T: How much extra for that in your book?
I: $125.
T: How much for air conditioning?
……
A half-hour later Tom walked out with a check for $8,024.
44


Slide 18

Negotiation

1

Outline
 standard

terms of negotiation

 examples

of negotiation

 David
 price

and Goliath

negotiation in a channel

 force-cost
a

reduction

company and a government

 preparation

and tactics of negotiation
2

Standard Terms in Negotiating

3

Negotiation


formal communication to seek mutual agreement


usually verbally



often between two sides



on sharing and allocation of resources, cost,
benefits, etc.



skills


required preparation



sharpened by practice
4

Terms in Negotiation
 BATNA

(best alternative to a negotiated
agreement) (底線)

 positions

(立場)

 interests

(利益)

 needs

(需要)

 wants

(願望)
5

Conditions to Use Negotiation
 expensive

operations



high-value, large-volume contract



complex technical requirements on product and
process, possibly evolving specifications



capital-intensive items, e.g., plant and equipment



special buyer-supplier relationship



important value-adding activities required from
suppler
6

Examples

7

Which Side Won?
 rental

negotiation

age
group size
status
company
Position in company

Party A
middle age
two, couple
landlord
local
owner

Party B
20’s
single
potential tenant
foreign
employee

8

Which Side Won?
 story
 potential

tenant slow in responding

 property

price gone up

 higher

rental expected by developers

9

Rental Contract Negotiation
by Mr. Stanley Yen
 Mr

Stanley Yen

 1971

June: started as a messenger in the
Taiwan branch of American Express (AET)

 1971

end: took care also general affairs of AET

…

 Now:

a living legend in tourism, management,
social welfare, …
10

Rental Contract Negotiation
by Mr. Stanley Yen


Mr. Yen, “How come you do this? As a custom of
foreign company, I recorded the agreed rental in a
memo.”



mutual respect that grew into long-term
employee-employer and then family-type
relationship



lessons


systematic



polite
11

Real-life Negotiation
with Suppliers

12

Examples of Price Negotiation


some general practice: 5th video clipping 00:14:20
to 00:20:20


depending on opponents




intellectual, traditional, personality

possessing information


BANTA and needs of opponents



market price, actual production cost



strengthen and BANTA of my company

13

Jose Ignacio Lopez
de Arriortua

14

Force-cost Reduction
 win-lose
 acting

strategy

personally, offensively, and emotionally

 demanding

 changing

immediate effect

existing contracts

 threatening

reduction or less no business

http://www.projectmagazine.com/monitoring-and-controlling/53cost/270-qforcedq-cost-reduction-how-to-respond
15

Deep Trouble of GM in Early 90’s

Michael H. Moffett and Willian E. Youngdahl (1999) Jose Ignacio Lopez de
Arriortua, Thunderbird International Business Review, 41(2) 179-194

16

Life of Jose Ignacio Lopez






doctorate in industrial engineering
196980: Firestone, Spain
198086: GM European operations, Spain
1986: GM’s Opel, Germany
1987: head of purchasing for Europe




work with Jack Smith to make GM Europe profitable

1992, April: VP of Worldwide purchasing of GM


Jack Smith as president of GM in Spring 92

18

New Rules in Purchasing
by Jose Ignacio Lopez
 new
 all

rules
supply contracts by bidding

a

minimum of 10 bids for a supply contract, at least
one not in north America

 no

favorable treatment of internal suppliers,
70% among all

 50%

productivity improvement by 1995

19

New Rules in Purchasing
by Jose Ignacio Lopez
 second

phase: sending GM teams to help
suppliers for improvement and cost
reduction

 mixed

results

 exemplary

in some, e.g., Siemens, reduction of
85% assembly line time; 95 percent of
inventory; 20% of cost

 not

sharing cost sharing in some cases
20

New Rules in Purchasing
by Jose Ignacio Lopez


forced changes of existing supplier contracts


renegotiation of five-year contract, e.g., cuts of supplier
price of 5%, 3%, 2%, 2%, 1% in the next five years



close working relationship with unions



taking proprietary designs from suppliers for open
bidding by other suppliers



sharing insufficient fixed development cost with
suppliers

21

New Rules in Purchasing
by Jose Ignacio Lopez
 results
 saving

$4 bill for GM

 poor

relationship and rating by suppliers

 some

suppliers out of business

 loss


of supplier loyalty in long term

not providing best product, nor best service

 switching

partners at opportunity

22

Concurrent
Chrysler Purchasing Policy
 long-term

partnership with suppliers

 criterion:

contribution to whole product
development and manufacturing process,
not only cost

 involving

suppliers right at the beginning

23

Contract Renegotiation with
*
the Chilean Government

http://www.negotiations.com/case/contract-renegotiation/
24

Contract Renegotiation with the
Chilean Government*




contract renegotiation over the El Teniente copper mine
in Chile in 1960’s
two parties: Kennecott, a U.S. company, and Chilean
government
background: national sentiment in Chile for foreign
companies to exploit its natural resource



overwhelmingly strong BATNA of the Chilean government
either tough financial terms or even expropriating the mine


enough local experts to manage the mine

25

Contract Renegotiation with the
Chilean Government*



What can be done by Kennecott?
a six-step win-win strategy that strengthens Kennecott’s position







1 selling a majority equity of the mining operation to the Chilean
government
2 divesting the fund into US banks; getting an outside loan, to expand the mining
operations (effect: better deal in re-negotiation)
3 having the Chilean government to guarantee the loan, with the guarantee
under the law of New York state
4 insuring as many as possible assets with U.S. backed guarantees (effect: reducing loss
in case of expropriation)
5 negotiating to sell output from expansion to clients in Europe and North
America (effect: diversifying customer base)
6 lastly selling the rights of the new contracts to a consortium of financial
institutions from Japan, the United States and Europe (effect: multi-party negotiation
in future contract renegotiation, with parties having other interests with the Chile
Government)

http://www.negotiations.com/case/contract-renegotiation/

26

Contract Renegotiation with the
Chilean Government
 final

remark: expropriation years later but
much better position for Kennecott in
negotiation

27

Preparation and Tactics
in Negotiating

28

Preparation for Negotiation
 identify

participants and set up a team

 develop

objectives

 e.g.,

price, quality, form of collaboration,
service level, long-term relationship

 gather

relevant information

 market

price, historical prices, actual cost of
supplier, history, financial strength, quality,
service level, management of supplier, possible
negotiator from supplier …
29

Preparation for Negotiation
 analyze

strengths & weaknesses for
suppliers and oneself
 for

both sides, e.g.,

 how

important is the supplier to us

 how

much time we have

 any

other backup supplier

 how

important is the order for the supplier

 financial

strength of the supplier
30

Preparation for Negotiation
 recognize
 deduce

 identify
 to

other party’s needs

real needs in others’ perspectives

common goals and facts agreed

simplify discussion

 identify

issues to discuss

 (potential)

differences between the two sides

31

Preparation for Negotiation
 establish
 develop
 brief

positions and BATNA

strategies and tactics

personnel

 practice

the negotiation

32

Tactics







argue based on facts
answer carefully
mind other side’s feeling
know the deadline
avoid trapping oneself in a
corner









e.g., “accept or no deal”

have courage to say no
start with lowest
start with highest
show honesty
take the initiative
listen



disappearance of key persons



never give up



fictitious competition


unethical



order issues



take a rest to cool down



check security



select venue



use threat



side track the issue



raise questions



keep silent
33

Concessions


give-and-take being common in negotiation



guidelines for making concessions


reserve room for concessions



first understand the other side’s needs and objectives



first to concede minor but not the first to concede major



portray unimportant concessions as valuable



fight before every concession
34

Concessions
 guidelines
 give,

for making concessions

and remember to take

 concede
 never

slowly and by little

reveal deadline

 say

“no” occasionally

 try

not to retrieve concessions

 record

of concessions
35

Power in Negotiation
power: the ability to influence
 sources of negotiating power


informational power: presenting relevant facts and
persuasive argument
 reward power
 coercive power
 legitimate power: credentials of experts
 referent power: socially acceptable personal qualities
and attributes, e.g., physical, honesty, charisma,
friendliness, sensitivity


36

Win-Win Negotiation


win-lose – competitive or distributive bargaining



win-win – collaboration or integrative bargaining


beneficial to both sides usually by increasing value or expanding
resources to all participants



equitable sharing of profit or cost



tactics


expand the pie



logroll



compensation for compliance



a bridge solution

37

Getting to Yes
Negotiating Agreement Without Giving In
By Roger Fisher & William Ury

38

Tips from the Book
 don’t

bargain over positions

 separate
 focus

on interests, not positions

 invent
 insist

the people from the problem

options for Mutual Gain

on using objective criteria

39

Don’t Bargain Over Positions


C: customer; S: Shopkeeper



C: How much do you want for this brass dish?



S: That is beautiful antique, isn’t it? I guess I could let it go for $75.



C: Oh come on, it’s dented. I’ll give you $15.



S: Really! I might consider a serious offer, but $15 is certainly isn’t serious.



C: Well, I could to to $20, but I would never pay anything like $75. Quote me a realistic price.



S: You rive a hard bargain, young lady. $60 cash, right now.



C: $25.



S: It cost me a great deal more than that. Make me a serious offer.



C: $37.50. That’s the highest I will go.



S: Have you noticed the engraving on that dish? Next year pieces like that will be worth twice
what you pay today.

40

Focus on Interests, Not Positions
 Negotiation

between Egypt and Israel at
Camp David in 1879
 Egyptian Sinai Peninsula occupied by Israel
since the Six Day War in 1967
 Positions
 Egypt:

getting back whole Sinai Peninsula
 Israel: holding part of Sinai Peninsula for
national security
41

Focus on Interests, Not Positions
 interests
 Egypt:

sovereignty

 Israel:

national security

 Result:

returned the whole Sinai Peninsula
to Egypt and de-militarized large area for
security of Israel

42

Insist on using Objective Criteria

















I: Insurance Adjuster; T; Tom
I: We have studied your case and have decided the policy applies. That means you’re entitled
to a settlement of $6,600.
T: I see. How did you reach that figure?
I: That’s how much we decided the car was worth.
T: I understand, but what standard did you use to determine that amount? Do you know
where I can buy a comparable car for that much?
I: How much are you asking for?
T: Whatever I’m entitled to under the policy. I found a secondhand car just about like it for
$7,700. Adding eh sales and excise tax, it would come to about $8,000.
I: $8,000! That’s too much.
T: I’m not asking for $8,000 or $6,000 or $10,000, but for fair compensation. Do you agree that
it’s only fair I get enough to replace the car?
I: OK, I’ll offer you $7,000. That’s the highest I can go. Company policy.
T: How does the company figure that?
I: Look. $7,000 is all you’ll get. Take it or leave it.
T: $7,000 may be fair. I don’t know. I certainly understand your position if you’re bound by
company policy. But unless you can state objectively why that amount is what I’m entitled to, I
think I’ll do better in court. Why don’t we study the matter and talk again? Is Wednesday at
eleven a good time to talk?
….

43

Insist on using Objective Criteria















….
I: Ok, Mr. Griffith, I’ve got an adhere in today’s paper offering an ‘89 Taurus
for $6,800.
T: I see. What does it say about mileage?
I: 49,000. Why?
T: Because mine only had 25,000 miles. How many dollars does that increase
the worth in your book?
I: Let me see … $450.
T: Assuming the $6,800 as one possible base, that brings the figure to $7,250.
Does the ad say anything about a radio?
I: No.
T: How much extra for that in your book?
I: $125.
T: How much for air conditioning?
……
A half-hour later Tom walked out with a check for $8,024.
44


Slide 19

Negotiation

1

Outline
 standard

terms of negotiation

 examples

of negotiation

 David
 price

and Goliath

negotiation in a channel

 force-cost
a

reduction

company and a government

 preparation

and tactics of negotiation
2

Standard Terms in Negotiating

3

Negotiation


formal communication to seek mutual agreement


usually verbally



often between two sides



on sharing and allocation of resources, cost,
benefits, etc.



skills


required preparation



sharpened by practice
4

Terms in Negotiation
 BATNA

(best alternative to a negotiated
agreement) (底線)

 positions

(立場)

 interests

(利益)

 needs

(需要)

 wants

(願望)
5

Conditions to Use Negotiation
 expensive

operations



high-value, large-volume contract



complex technical requirements on product and
process, possibly evolving specifications



capital-intensive items, e.g., plant and equipment



special buyer-supplier relationship



important value-adding activities required from
suppler
6

Examples

7

Which Side Won?
 rental

negotiation

age
group size
status
company
Position in company

Party A
middle age
two, couple
landlord
local
owner

Party B
20’s
single
potential tenant
foreign
employee

8

Which Side Won?
 story
 potential

tenant slow in responding

 property

price gone up

 higher

rental expected by developers

9

Rental Contract Negotiation
by Mr. Stanley Yen
 Mr

Stanley Yen

 1971

June: started as a messenger in the
Taiwan branch of American Express (AET)

 1971

end: took care also general affairs of AET

…

 Now:

a living legend in tourism, management,
social welfare, …
10

Rental Contract Negotiation
by Mr. Stanley Yen


Mr. Yen, “How come you do this? As a custom of
foreign company, I recorded the agreed rental in a
memo.”



mutual respect that grew into long-term
employee-employer and then family-type
relationship



lessons


systematic



polite
11

Real-life Negotiation
with Suppliers

12

Examples of Price Negotiation


some general practice: 5th video clipping 00:14:20
to 00:20:20


depending on opponents




intellectual, traditional, personality

possessing information


BANTA and needs of opponents



market price, actual production cost



strengthen and BANTA of my company

13

Jose Ignacio Lopez
de Arriortua

14

Force-cost Reduction
 win-lose
 acting

strategy

personally, offensively, and emotionally

 demanding

 changing

immediate effect

existing contracts

 threatening

reduction or less no business

http://www.projectmagazine.com/monitoring-and-controlling/53cost/270-qforcedq-cost-reduction-how-to-respond
15

Deep Trouble of GM in Early 90’s

Michael H. Moffett and Willian E. Youngdahl (1999) Jose Ignacio Lopez de
Arriortua, Thunderbird International Business Review, 41(2) 179-194

16

Life of Jose Ignacio Lopez






doctorate in industrial engineering
196980: Firestone, Spain
198086: GM European operations, Spain
1986: GM’s Opel, Germany
1987: head of purchasing for Europe




work with Jack Smith to make GM Europe profitable

1992, April: VP of Worldwide purchasing of GM


Jack Smith as president of GM in Spring 92

18

New Rules in Purchasing
by Jose Ignacio Lopez
 new
 all

rules
supply contracts by bidding

a

minimum of 10 bids for a supply contract, at least
one not in north America

 no

favorable treatment of internal suppliers,
70% among all

 50%

productivity improvement by 1995

19

New Rules in Purchasing
by Jose Ignacio Lopez
 second

phase: sending GM teams to help
suppliers for improvement and cost
reduction

 mixed

results

 exemplary

in some, e.g., Siemens, reduction of
85% assembly line time; 95 percent of
inventory; 20% of cost

 not

sharing cost sharing in some cases
20

New Rules in Purchasing
by Jose Ignacio Lopez


forced changes of existing supplier contracts


renegotiation of five-year contract, e.g., cuts of supplier
price of 5%, 3%, 2%, 2%, 1% in the next five years



close working relationship with unions



taking proprietary designs from suppliers for open
bidding by other suppliers



sharing insufficient fixed development cost with
suppliers

21

New Rules in Purchasing
by Jose Ignacio Lopez
 results
 saving

$4 bill for GM

 poor

relationship and rating by suppliers

 some

suppliers out of business

 loss


of supplier loyalty in long term

not providing best product, nor best service

 switching

partners at opportunity

22

Concurrent
Chrysler Purchasing Policy
 long-term

partnership with suppliers

 criterion:

contribution to whole product
development and manufacturing process,
not only cost

 involving

suppliers right at the beginning

23

Contract Renegotiation with
*
the Chilean Government

http://www.negotiations.com/case/contract-renegotiation/
24

Contract Renegotiation with the
Chilean Government*




contract renegotiation over the El Teniente copper mine
in Chile in 1960’s
two parties: Kennecott, a U.S. company, and Chilean
government
background: national sentiment in Chile for foreign
companies to exploit its natural resource



overwhelmingly strong BATNA of the Chilean government
either tough financial terms or even expropriating the mine


enough local experts to manage the mine

25

Contract Renegotiation with the
Chilean Government*



What can be done by Kennecott?
a six-step win-win strategy that strengthens Kennecott’s position







1 selling a majority equity of the mining operation to the Chilean
government
2 divesting the fund into US banks; getting an outside loan, to expand the mining
operations (effect: better deal in re-negotiation)
3 having the Chilean government to guarantee the loan, with the guarantee
under the law of New York state
4 insuring as many as possible assets with U.S. backed guarantees (effect: reducing loss
in case of expropriation)
5 negotiating to sell output from expansion to clients in Europe and North
America (effect: diversifying customer base)
6 lastly selling the rights of the new contracts to a consortium of financial
institutions from Japan, the United States and Europe (effect: multi-party negotiation
in future contract renegotiation, with parties having other interests with the Chile
Government)

http://www.negotiations.com/case/contract-renegotiation/

26

Contract Renegotiation with the
Chilean Government
 final

remark: expropriation years later but
much better position for Kennecott in
negotiation

27

Preparation and Tactics
in Negotiating

28

Preparation for Negotiation
 identify

participants and set up a team

 develop

objectives

 e.g.,

price, quality, form of collaboration,
service level, long-term relationship

 gather

relevant information

 market

price, historical prices, actual cost of
supplier, history, financial strength, quality,
service level, management of supplier, possible
negotiator from supplier …
29

Preparation for Negotiation
 analyze

strengths & weaknesses for
suppliers and oneself
 for

both sides, e.g.,

 how

important is the supplier to us

 how

much time we have

 any

other backup supplier

 how

important is the order for the supplier

 financial

strength of the supplier
30

Preparation for Negotiation
 recognize
 deduce

 identify
 to

other party’s needs

real needs in others’ perspectives

common goals and facts agreed

simplify discussion

 identify

issues to discuss

 (potential)

differences between the two sides

31

Preparation for Negotiation
 establish
 develop
 brief

positions and BATNA

strategies and tactics

personnel

 practice

the negotiation

32

Tactics







argue based on facts
answer carefully
mind other side’s feeling
know the deadline
avoid trapping oneself in a
corner









e.g., “accept or no deal”

have courage to say no
start with lowest
start with highest
show honesty
take the initiative
listen



disappearance of key persons



never give up



fictitious competition


unethical



order issues



take a rest to cool down



check security



select venue



use threat



side track the issue



raise questions



keep silent
33

Concessions


give-and-take being common in negotiation



guidelines for making concessions


reserve room for concessions



first understand the other side’s needs and objectives



first to concede minor but not the first to concede major



portray unimportant concessions as valuable



fight before every concession
34

Concessions
 guidelines
 give,

for making concessions

and remember to take

 concede
 never

slowly and by little

reveal deadline

 say

“no” occasionally

 try

not to retrieve concessions

 record

of concessions
35

Power in Negotiation
power: the ability to influence
 sources of negotiating power


informational power: presenting relevant facts and
persuasive argument
 reward power
 coercive power
 legitimate power: credentials of experts
 referent power: socially acceptable personal qualities
and attributes, e.g., physical, honesty, charisma,
friendliness, sensitivity


36

Win-Win Negotiation


win-lose – competitive or distributive bargaining



win-win – collaboration or integrative bargaining


beneficial to both sides usually by increasing value or expanding
resources to all participants



equitable sharing of profit or cost



tactics


expand the pie



logroll



compensation for compliance



a bridge solution

37

Getting to Yes
Negotiating Agreement Without Giving In
By Roger Fisher & William Ury

38

Tips from the Book
 don’t

bargain over positions

 separate
 focus

on interests, not positions

 invent
 insist

the people from the problem

options for Mutual Gain

on using objective criteria

39

Don’t Bargain Over Positions


C: customer; S: Shopkeeper



C: How much do you want for this brass dish?



S: That is beautiful antique, isn’t it? I guess I could let it go for $75.



C: Oh come on, it’s dented. I’ll give you $15.



S: Really! I might consider a serious offer, but $15 is certainly isn’t serious.



C: Well, I could to to $20, but I would never pay anything like $75. Quote me a realistic price.



S: You rive a hard bargain, young lady. $60 cash, right now.



C: $25.



S: It cost me a great deal more than that. Make me a serious offer.



C: $37.50. That’s the highest I will go.



S: Have you noticed the engraving on that dish? Next year pieces like that will be worth twice
what you pay today.

40

Focus on Interests, Not Positions
 Negotiation

between Egypt and Israel at
Camp David in 1879
 Egyptian Sinai Peninsula occupied by Israel
since the Six Day War in 1967
 Positions
 Egypt:

getting back whole Sinai Peninsula
 Israel: holding part of Sinai Peninsula for
national security
41

Focus on Interests, Not Positions
 interests
 Egypt:

sovereignty

 Israel:

national security

 Result:

returned the whole Sinai Peninsula
to Egypt and de-militarized large area for
security of Israel

42

Insist on using Objective Criteria

















I: Insurance Adjuster; T; Tom
I: We have studied your case and have decided the policy applies. That means you’re entitled
to a settlement of $6,600.
T: I see. How did you reach that figure?
I: That’s how much we decided the car was worth.
T: I understand, but what standard did you use to determine that amount? Do you know
where I can buy a comparable car for that much?
I: How much are you asking for?
T: Whatever I’m entitled to under the policy. I found a secondhand car just about like it for
$7,700. Adding eh sales and excise tax, it would come to about $8,000.
I: $8,000! That’s too much.
T: I’m not asking for $8,000 or $6,000 or $10,000, but for fair compensation. Do you agree that
it’s only fair I get enough to replace the car?
I: OK, I’ll offer you $7,000. That’s the highest I can go. Company policy.
T: How does the company figure that?
I: Look. $7,000 is all you’ll get. Take it or leave it.
T: $7,000 may be fair. I don’t know. I certainly understand your position if you’re bound by
company policy. But unless you can state objectively why that amount is what I’m entitled to, I
think I’ll do better in court. Why don’t we study the matter and talk again? Is Wednesday at
eleven a good time to talk?
….

43

Insist on using Objective Criteria















….
I: Ok, Mr. Griffith, I’ve got an adhere in today’s paper offering an ‘89 Taurus
for $6,800.
T: I see. What does it say about mileage?
I: 49,000. Why?
T: Because mine only had 25,000 miles. How many dollars does that increase
the worth in your book?
I: Let me see … $450.
T: Assuming the $6,800 as one possible base, that brings the figure to $7,250.
Does the ad say anything about a radio?
I: No.
T: How much extra for that in your book?
I: $125.
T: How much for air conditioning?
……
A half-hour later Tom walked out with a check for $8,024.
44


Slide 20

Negotiation

1

Outline
 standard

terms of negotiation

 examples

of negotiation

 David
 price

and Goliath

negotiation in a channel

 force-cost
a

reduction

company and a government

 preparation

and tactics of negotiation
2

Standard Terms in Negotiating

3

Negotiation


formal communication to seek mutual agreement


usually verbally



often between two sides



on sharing and allocation of resources, cost,
benefits, etc.



skills


required preparation



sharpened by practice
4

Terms in Negotiation
 BATNA

(best alternative to a negotiated
agreement) (底線)

 positions

(立場)

 interests

(利益)

 needs

(需要)

 wants

(願望)
5

Conditions to Use Negotiation
 expensive

operations



high-value, large-volume contract



complex technical requirements on product and
process, possibly evolving specifications



capital-intensive items, e.g., plant and equipment



special buyer-supplier relationship



important value-adding activities required from
suppler
6

Examples

7

Which Side Won?
 rental

negotiation

age
group size
status
company
Position in company

Party A
middle age
two, couple
landlord
local
owner

Party B
20’s
single
potential tenant
foreign
employee

8

Which Side Won?
 story
 potential

tenant slow in responding

 property

price gone up

 higher

rental expected by developers

9

Rental Contract Negotiation
by Mr. Stanley Yen
 Mr

Stanley Yen

 1971

June: started as a messenger in the
Taiwan branch of American Express (AET)

 1971

end: took care also general affairs of AET

…

 Now:

a living legend in tourism, management,
social welfare, …
10

Rental Contract Negotiation
by Mr. Stanley Yen


Mr. Yen, “How come you do this? As a custom of
foreign company, I recorded the agreed rental in a
memo.”



mutual respect that grew into long-term
employee-employer and then family-type
relationship



lessons


systematic



polite
11

Real-life Negotiation
with Suppliers

12

Examples of Price Negotiation


some general practice: 5th video clipping 00:14:20
to 00:20:20


depending on opponents




intellectual, traditional, personality

possessing information


BANTA and needs of opponents



market price, actual production cost



strengthen and BANTA of my company

13

Jose Ignacio Lopez
de Arriortua

14

Force-cost Reduction
 win-lose
 acting

strategy

personally, offensively, and emotionally

 demanding

 changing

immediate effect

existing contracts

 threatening

reduction or less no business

http://www.projectmagazine.com/monitoring-and-controlling/53cost/270-qforcedq-cost-reduction-how-to-respond
15

Deep Trouble of GM in Early 90’s

Michael H. Moffett and Willian E. Youngdahl (1999) Jose Ignacio Lopez de
Arriortua, Thunderbird International Business Review, 41(2) 179-194

16

Life of Jose Ignacio Lopez






doctorate in industrial engineering
196980: Firestone, Spain
198086: GM European operations, Spain
1986: GM’s Opel, Germany
1987: head of purchasing for Europe




work with Jack Smith to make GM Europe profitable

1992, April: VP of Worldwide purchasing of GM


Jack Smith as president of GM in Spring 92

18

New Rules in Purchasing
by Jose Ignacio Lopez
 new
 all

rules
supply contracts by bidding

a

minimum of 10 bids for a supply contract, at least
one not in north America

 no

favorable treatment of internal suppliers,
70% among all

 50%

productivity improvement by 1995

19

New Rules in Purchasing
by Jose Ignacio Lopez
 second

phase: sending GM teams to help
suppliers for improvement and cost
reduction

 mixed

results

 exemplary

in some, e.g., Siemens, reduction of
85% assembly line time; 95 percent of
inventory; 20% of cost

 not

sharing cost sharing in some cases
20

New Rules in Purchasing
by Jose Ignacio Lopez


forced changes of existing supplier contracts


renegotiation of five-year contract, e.g., cuts of supplier
price of 5%, 3%, 2%, 2%, 1% in the next five years



close working relationship with unions



taking proprietary designs from suppliers for open
bidding by other suppliers



sharing insufficient fixed development cost with
suppliers

21

New Rules in Purchasing
by Jose Ignacio Lopez
 results
 saving

$4 bill for GM

 poor

relationship and rating by suppliers

 some

suppliers out of business

 loss


of supplier loyalty in long term

not providing best product, nor best service

 switching

partners at opportunity

22

Concurrent
Chrysler Purchasing Policy
 long-term

partnership with suppliers

 criterion:

contribution to whole product
development and manufacturing process,
not only cost

 involving

suppliers right at the beginning

23

Contract Renegotiation with
*
the Chilean Government

http://www.negotiations.com/case/contract-renegotiation/
24

Contract Renegotiation with the
Chilean Government*




contract renegotiation over the El Teniente copper mine
in Chile in 1960’s
two parties: Kennecott, a U.S. company, and Chilean
government
background: national sentiment in Chile for foreign
companies to exploit its natural resource



overwhelmingly strong BATNA of the Chilean government
either tough financial terms or even expropriating the mine


enough local experts to manage the mine

25

Contract Renegotiation with the
Chilean Government*



What can be done by Kennecott?
a six-step win-win strategy that strengthens Kennecott’s position







1 selling a majority equity of the mining operation to the Chilean
government
2 divesting the fund into US banks; getting an outside loan, to expand the mining
operations (effect: better deal in re-negotiation)
3 having the Chilean government to guarantee the loan, with the guarantee
under the law of New York state
4 insuring as many as possible assets with U.S. backed guarantees (effect: reducing loss
in case of expropriation)
5 negotiating to sell output from expansion to clients in Europe and North
America (effect: diversifying customer base)
6 lastly selling the rights of the new contracts to a consortium of financial
institutions from Japan, the United States and Europe (effect: multi-party negotiation
in future contract renegotiation, with parties having other interests with the Chile
Government)

http://www.negotiations.com/case/contract-renegotiation/

26

Contract Renegotiation with the
Chilean Government
 final

remark: expropriation years later but
much better position for Kennecott in
negotiation

27

Preparation and Tactics
in Negotiating

28

Preparation for Negotiation
 identify

participants and set up a team

 develop

objectives

 e.g.,

price, quality, form of collaboration,
service level, long-term relationship

 gather

relevant information

 market

price, historical prices, actual cost of
supplier, history, financial strength, quality,
service level, management of supplier, possible
negotiator from supplier …
29

Preparation for Negotiation
 analyze

strengths & weaknesses for
suppliers and oneself
 for

both sides, e.g.,

 how

important is the supplier to us

 how

much time we have

 any

other backup supplier

 how

important is the order for the supplier

 financial

strength of the supplier
30

Preparation for Negotiation
 recognize
 deduce

 identify
 to

other party’s needs

real needs in others’ perspectives

common goals and facts agreed

simplify discussion

 identify

issues to discuss

 (potential)

differences between the two sides

31

Preparation for Negotiation
 establish
 develop
 brief

positions and BATNA

strategies and tactics

personnel

 practice

the negotiation

32

Tactics







argue based on facts
answer carefully
mind other side’s feeling
know the deadline
avoid trapping oneself in a
corner









e.g., “accept or no deal”

have courage to say no
start with lowest
start with highest
show honesty
take the initiative
listen



disappearance of key persons



never give up



fictitious competition


unethical



order issues



take a rest to cool down



check security



select venue



use threat



side track the issue



raise questions



keep silent
33

Concessions


give-and-take being common in negotiation



guidelines for making concessions


reserve room for concessions



first understand the other side’s needs and objectives



first to concede minor but not the first to concede major



portray unimportant concessions as valuable



fight before every concession
34

Concessions
 guidelines
 give,

for making concessions

and remember to take

 concede
 never

slowly and by little

reveal deadline

 say

“no” occasionally

 try

not to retrieve concessions

 record

of concessions
35

Power in Negotiation
power: the ability to influence
 sources of negotiating power


informational power: presenting relevant facts and
persuasive argument
 reward power
 coercive power
 legitimate power: credentials of experts
 referent power: socially acceptable personal qualities
and attributes, e.g., physical, honesty, charisma,
friendliness, sensitivity


36

Win-Win Negotiation


win-lose – competitive or distributive bargaining



win-win – collaboration or integrative bargaining


beneficial to both sides usually by increasing value or expanding
resources to all participants



equitable sharing of profit or cost



tactics


expand the pie



logroll



compensation for compliance



a bridge solution

37

Getting to Yes
Negotiating Agreement Without Giving In
By Roger Fisher & William Ury

38

Tips from the Book
 don’t

bargain over positions

 separate
 focus

on interests, not positions

 invent
 insist

the people from the problem

options for Mutual Gain

on using objective criteria

39

Don’t Bargain Over Positions


C: customer; S: Shopkeeper



C: How much do you want for this brass dish?



S: That is beautiful antique, isn’t it? I guess I could let it go for $75.



C: Oh come on, it’s dented. I’ll give you $15.



S: Really! I might consider a serious offer, but $15 is certainly isn’t serious.



C: Well, I could to to $20, but I would never pay anything like $75. Quote me a realistic price.



S: You rive a hard bargain, young lady. $60 cash, right now.



C: $25.



S: It cost me a great deal more than that. Make me a serious offer.



C: $37.50. That’s the highest I will go.



S: Have you noticed the engraving on that dish? Next year pieces like that will be worth twice
what you pay today.

40

Focus on Interests, Not Positions
 Negotiation

between Egypt and Israel at
Camp David in 1879
 Egyptian Sinai Peninsula occupied by Israel
since the Six Day War in 1967
 Positions
 Egypt:

getting back whole Sinai Peninsula
 Israel: holding part of Sinai Peninsula for
national security
41

Focus on Interests, Not Positions
 interests
 Egypt:

sovereignty

 Israel:

national security

 Result:

returned the whole Sinai Peninsula
to Egypt and de-militarized large area for
security of Israel

42

Insist on using Objective Criteria

















I: Insurance Adjuster; T; Tom
I: We have studied your case and have decided the policy applies. That means you’re entitled
to a settlement of $6,600.
T: I see. How did you reach that figure?
I: That’s how much we decided the car was worth.
T: I understand, but what standard did you use to determine that amount? Do you know
where I can buy a comparable car for that much?
I: How much are you asking for?
T: Whatever I’m entitled to under the policy. I found a secondhand car just about like it for
$7,700. Adding eh sales and excise tax, it would come to about $8,000.
I: $8,000! That’s too much.
T: I’m not asking for $8,000 or $6,000 or $10,000, but for fair compensation. Do you agree that
it’s only fair I get enough to replace the car?
I: OK, I’ll offer you $7,000. That’s the highest I can go. Company policy.
T: How does the company figure that?
I: Look. $7,000 is all you’ll get. Take it or leave it.
T: $7,000 may be fair. I don’t know. I certainly understand your position if you’re bound by
company policy. But unless you can state objectively why that amount is what I’m entitled to, I
think I’ll do better in court. Why don’t we study the matter and talk again? Is Wednesday at
eleven a good time to talk?
….

43

Insist on using Objective Criteria















….
I: Ok, Mr. Griffith, I’ve got an adhere in today’s paper offering an ‘89 Taurus
for $6,800.
T: I see. What does it say about mileage?
I: 49,000. Why?
T: Because mine only had 25,000 miles. How many dollars does that increase
the worth in your book?
I: Let me see … $450.
T: Assuming the $6,800 as one possible base, that brings the figure to $7,250.
Does the ad say anything about a radio?
I: No.
T: How much extra for that in your book?
I: $125.
T: How much for air conditioning?
……
A half-hour later Tom walked out with a check for $8,024.
44


Slide 21

Negotiation

1

Outline
 standard

terms of negotiation

 examples

of negotiation

 David
 price

and Goliath

negotiation in a channel

 force-cost
a

reduction

company and a government

 preparation

and tactics of negotiation
2

Standard Terms in Negotiating

3

Negotiation


formal communication to seek mutual agreement


usually verbally



often between two sides



on sharing and allocation of resources, cost,
benefits, etc.



skills


required preparation



sharpened by practice
4

Terms in Negotiation
 BATNA

(best alternative to a negotiated
agreement) (底線)

 positions

(立場)

 interests

(利益)

 needs

(需要)

 wants

(願望)
5

Conditions to Use Negotiation
 expensive

operations



high-value, large-volume contract



complex technical requirements on product and
process, possibly evolving specifications



capital-intensive items, e.g., plant and equipment



special buyer-supplier relationship



important value-adding activities required from
suppler
6

Examples

7

Which Side Won?
 rental

negotiation

age
group size
status
company
Position in company

Party A
middle age
two, couple
landlord
local
owner

Party B
20’s
single
potential tenant
foreign
employee

8

Which Side Won?
 story
 potential

tenant slow in responding

 property

price gone up

 higher

rental expected by developers

9

Rental Contract Negotiation
by Mr. Stanley Yen
 Mr

Stanley Yen

 1971

June: started as a messenger in the
Taiwan branch of American Express (AET)

 1971

end: took care also general affairs of AET

…

 Now:

a living legend in tourism, management,
social welfare, …
10

Rental Contract Negotiation
by Mr. Stanley Yen


Mr. Yen, “How come you do this? As a custom of
foreign company, I recorded the agreed rental in a
memo.”



mutual respect that grew into long-term
employee-employer and then family-type
relationship



lessons


systematic



polite
11

Real-life Negotiation
with Suppliers

12

Examples of Price Negotiation


some general practice: 5th video clipping 00:14:20
to 00:20:20


depending on opponents




intellectual, traditional, personality

possessing information


BANTA and needs of opponents



market price, actual production cost



strengthen and BANTA of my company

13

Jose Ignacio Lopez
de Arriortua

14

Force-cost Reduction
 win-lose
 acting

strategy

personally, offensively, and emotionally

 demanding

 changing

immediate effect

existing contracts

 threatening

reduction or less no business

http://www.projectmagazine.com/monitoring-and-controlling/53cost/270-qforcedq-cost-reduction-how-to-respond
15

Deep Trouble of GM in Early 90’s

Michael H. Moffett and Willian E. Youngdahl (1999) Jose Ignacio Lopez de
Arriortua, Thunderbird International Business Review, 41(2) 179-194

16

Life of Jose Ignacio Lopez






doctorate in industrial engineering
196980: Firestone, Spain
198086: GM European operations, Spain
1986: GM’s Opel, Germany
1987: head of purchasing for Europe




work with Jack Smith to make GM Europe profitable

1992, April: VP of Worldwide purchasing of GM


Jack Smith as president of GM in Spring 92

18

New Rules in Purchasing
by Jose Ignacio Lopez
 new
 all

rules
supply contracts by bidding

a

minimum of 10 bids for a supply contract, at least
one not in north America

 no

favorable treatment of internal suppliers,
70% among all

 50%

productivity improvement by 1995

19

New Rules in Purchasing
by Jose Ignacio Lopez
 second

phase: sending GM teams to help
suppliers for improvement and cost
reduction

 mixed

results

 exemplary

in some, e.g., Siemens, reduction of
85% assembly line time; 95 percent of
inventory; 20% of cost

 not

sharing cost sharing in some cases
20

New Rules in Purchasing
by Jose Ignacio Lopez


forced changes of existing supplier contracts


renegotiation of five-year contract, e.g., cuts of supplier
price of 5%, 3%, 2%, 2%, 1% in the next five years



close working relationship with unions



taking proprietary designs from suppliers for open
bidding by other suppliers



sharing insufficient fixed development cost with
suppliers

21

New Rules in Purchasing
by Jose Ignacio Lopez
 results
 saving

$4 bill for GM

 poor

relationship and rating by suppliers

 some

suppliers out of business

 loss


of supplier loyalty in long term

not providing best product, nor best service

 switching

partners at opportunity

22

Concurrent
Chrysler Purchasing Policy
 long-term

partnership with suppliers

 criterion:

contribution to whole product
development and manufacturing process,
not only cost

 involving

suppliers right at the beginning

23

Contract Renegotiation with
*
the Chilean Government

http://www.negotiations.com/case/contract-renegotiation/
24

Contract Renegotiation with the
Chilean Government*




contract renegotiation over the El Teniente copper mine
in Chile in 1960’s
two parties: Kennecott, a U.S. company, and Chilean
government
background: national sentiment in Chile for foreign
companies to exploit its natural resource



overwhelmingly strong BATNA of the Chilean government
either tough financial terms or even expropriating the mine


enough local experts to manage the mine

25

Contract Renegotiation with the
Chilean Government*



What can be done by Kennecott?
a six-step win-win strategy that strengthens Kennecott’s position







1 selling a majority equity of the mining operation to the Chilean
government
2 divesting the fund into US banks; getting an outside loan, to expand the mining
operations (effect: better deal in re-negotiation)
3 having the Chilean government to guarantee the loan, with the guarantee
under the law of New York state
4 insuring as many as possible assets with U.S. backed guarantees (effect: reducing loss
in case of expropriation)
5 negotiating to sell output from expansion to clients in Europe and North
America (effect: diversifying customer base)
6 lastly selling the rights of the new contracts to a consortium of financial
institutions from Japan, the United States and Europe (effect: multi-party negotiation
in future contract renegotiation, with parties having other interests with the Chile
Government)

http://www.negotiations.com/case/contract-renegotiation/

26

Contract Renegotiation with the
Chilean Government
 final

remark: expropriation years later but
much better position for Kennecott in
negotiation

27

Preparation and Tactics
in Negotiating

28

Preparation for Negotiation
 identify

participants and set up a team

 develop

objectives

 e.g.,

price, quality, form of collaboration,
service level, long-term relationship

 gather

relevant information

 market

price, historical prices, actual cost of
supplier, history, financial strength, quality,
service level, management of supplier, possible
negotiator from supplier …
29

Preparation for Negotiation
 analyze

strengths & weaknesses for
suppliers and oneself
 for

both sides, e.g.,

 how

important is the supplier to us

 how

much time we have

 any

other backup supplier

 how

important is the order for the supplier

 financial

strength of the supplier
30

Preparation for Negotiation
 recognize
 deduce

 identify
 to

other party’s needs

real needs in others’ perspectives

common goals and facts agreed

simplify discussion

 identify

issues to discuss

 (potential)

differences between the two sides

31

Preparation for Negotiation
 establish
 develop
 brief

positions and BATNA

strategies and tactics

personnel

 practice

the negotiation

32

Tactics







argue based on facts
answer carefully
mind other side’s feeling
know the deadline
avoid trapping oneself in a
corner









e.g., “accept or no deal”

have courage to say no
start with lowest
start with highest
show honesty
take the initiative
listen



disappearance of key persons



never give up



fictitious competition


unethical



order issues



take a rest to cool down



check security



select venue



use threat



side track the issue



raise questions



keep silent
33

Concessions


give-and-take being common in negotiation



guidelines for making concessions


reserve room for concessions



first understand the other side’s needs and objectives



first to concede minor but not the first to concede major



portray unimportant concessions as valuable



fight before every concession
34

Concessions
 guidelines
 give,

for making concessions

and remember to take

 concede
 never

slowly and by little

reveal deadline

 say

“no” occasionally

 try

not to retrieve concessions

 record

of concessions
35

Power in Negotiation
power: the ability to influence
 sources of negotiating power


informational power: presenting relevant facts and
persuasive argument
 reward power
 coercive power
 legitimate power: credentials of experts
 referent power: socially acceptable personal qualities
and attributes, e.g., physical, honesty, charisma,
friendliness, sensitivity


36

Win-Win Negotiation


win-lose – competitive or distributive bargaining



win-win – collaboration or integrative bargaining


beneficial to both sides usually by increasing value or expanding
resources to all participants



equitable sharing of profit or cost



tactics


expand the pie



logroll



compensation for compliance



a bridge solution

37

Getting to Yes
Negotiating Agreement Without Giving In
By Roger Fisher & William Ury

38

Tips from the Book
 don’t

bargain over positions

 separate
 focus

on interests, not positions

 invent
 insist

the people from the problem

options for Mutual Gain

on using objective criteria

39

Don’t Bargain Over Positions


C: customer; S: Shopkeeper



C: How much do you want for this brass dish?



S: That is beautiful antique, isn’t it? I guess I could let it go for $75.



C: Oh come on, it’s dented. I’ll give you $15.



S: Really! I might consider a serious offer, but $15 is certainly isn’t serious.



C: Well, I could to to $20, but I would never pay anything like $75. Quote me a realistic price.



S: You rive a hard bargain, young lady. $60 cash, right now.



C: $25.



S: It cost me a great deal more than that. Make me a serious offer.



C: $37.50. That’s the highest I will go.



S: Have you noticed the engraving on that dish? Next year pieces like that will be worth twice
what you pay today.

40

Focus on Interests, Not Positions
 Negotiation

between Egypt and Israel at
Camp David in 1879
 Egyptian Sinai Peninsula occupied by Israel
since the Six Day War in 1967
 Positions
 Egypt:

getting back whole Sinai Peninsula
 Israel: holding part of Sinai Peninsula for
national security
41

Focus on Interests, Not Positions
 interests
 Egypt:

sovereignty

 Israel:

national security

 Result:

returned the whole Sinai Peninsula
to Egypt and de-militarized large area for
security of Israel

42

Insist on using Objective Criteria

















I: Insurance Adjuster; T; Tom
I: We have studied your case and have decided the policy applies. That means you’re entitled
to a settlement of $6,600.
T: I see. How did you reach that figure?
I: That’s how much we decided the car was worth.
T: I understand, but what standard did you use to determine that amount? Do you know
where I can buy a comparable car for that much?
I: How much are you asking for?
T: Whatever I’m entitled to under the policy. I found a secondhand car just about like it for
$7,700. Adding eh sales and excise tax, it would come to about $8,000.
I: $8,000! That’s too much.
T: I’m not asking for $8,000 or $6,000 or $10,000, but for fair compensation. Do you agree that
it’s only fair I get enough to replace the car?
I: OK, I’ll offer you $7,000. That’s the highest I can go. Company policy.
T: How does the company figure that?
I: Look. $7,000 is all you’ll get. Take it or leave it.
T: $7,000 may be fair. I don’t know. I certainly understand your position if you’re bound by
company policy. But unless you can state objectively why that amount is what I’m entitled to, I
think I’ll do better in court. Why don’t we study the matter and talk again? Is Wednesday at
eleven a good time to talk?
….

43

Insist on using Objective Criteria















….
I: Ok, Mr. Griffith, I’ve got an adhere in today’s paper offering an ‘89 Taurus
for $6,800.
T: I see. What does it say about mileage?
I: 49,000. Why?
T: Because mine only had 25,000 miles. How many dollars does that increase
the worth in your book?
I: Let me see … $450.
T: Assuming the $6,800 as one possible base, that brings the figure to $7,250.
Does the ad say anything about a radio?
I: No.
T: How much extra for that in your book?
I: $125.
T: How much for air conditioning?
……
A half-hour later Tom walked out with a check for $8,024.
44


Slide 22

Negotiation

1

Outline
 standard

terms of negotiation

 examples

of negotiation

 David
 price

and Goliath

negotiation in a channel

 force-cost
a

reduction

company and a government

 preparation

and tactics of negotiation
2

Standard Terms in Negotiating

3

Negotiation


formal communication to seek mutual agreement


usually verbally



often between two sides



on sharing and allocation of resources, cost,
benefits, etc.



skills


required preparation



sharpened by practice
4

Terms in Negotiation
 BATNA

(best alternative to a negotiated
agreement) (底線)

 positions

(立場)

 interests

(利益)

 needs

(需要)

 wants

(願望)
5

Conditions to Use Negotiation
 expensive

operations



high-value, large-volume contract



complex technical requirements on product and
process, possibly evolving specifications



capital-intensive items, e.g., plant and equipment



special buyer-supplier relationship



important value-adding activities required from
suppler
6

Examples

7

Which Side Won?
 rental

negotiation

age
group size
status
company
Position in company

Party A
middle age
two, couple
landlord
local
owner

Party B
20’s
single
potential tenant
foreign
employee

8

Which Side Won?
 story
 potential

tenant slow in responding

 property

price gone up

 higher

rental expected by developers

9

Rental Contract Negotiation
by Mr. Stanley Yen
 Mr

Stanley Yen

 1971

June: started as a messenger in the
Taiwan branch of American Express (AET)

 1971

end: took care also general affairs of AET

…

 Now:

a living legend in tourism, management,
social welfare, …
10

Rental Contract Negotiation
by Mr. Stanley Yen


Mr. Yen, “How come you do this? As a custom of
foreign company, I recorded the agreed rental in a
memo.”



mutual respect that grew into long-term
employee-employer and then family-type
relationship



lessons


systematic



polite
11

Real-life Negotiation
with Suppliers

12

Examples of Price Negotiation


some general practice: 5th video clipping 00:14:20
to 00:20:20


depending on opponents




intellectual, traditional, personality

possessing information


BANTA and needs of opponents



market price, actual production cost



strengthen and BANTA of my company

13

Jose Ignacio Lopez
de Arriortua

14

Force-cost Reduction
 win-lose
 acting

strategy

personally, offensively, and emotionally

 demanding

 changing

immediate effect

existing contracts

 threatening

reduction or less no business

http://www.projectmagazine.com/monitoring-and-controlling/53cost/270-qforcedq-cost-reduction-how-to-respond
15

Deep Trouble of GM in Early 90’s

Michael H. Moffett and Willian E. Youngdahl (1999) Jose Ignacio Lopez de
Arriortua, Thunderbird International Business Review, 41(2) 179-194

16

Life of Jose Ignacio Lopez






doctorate in industrial engineering
196980: Firestone, Spain
198086: GM European operations, Spain
1986: GM’s Opel, Germany
1987: head of purchasing for Europe




work with Jack Smith to make GM Europe profitable

1992, April: VP of Worldwide purchasing of GM


Jack Smith as president of GM in Spring 92

18

New Rules in Purchasing
by Jose Ignacio Lopez
 new
 all

rules
supply contracts by bidding

a

minimum of 10 bids for a supply contract, at least
one not in north America

 no

favorable treatment of internal suppliers,
70% among all

 50%

productivity improvement by 1995

19

New Rules in Purchasing
by Jose Ignacio Lopez
 second

phase: sending GM teams to help
suppliers for improvement and cost
reduction

 mixed

results

 exemplary

in some, e.g., Siemens, reduction of
85% assembly line time; 95 percent of
inventory; 20% of cost

 not

sharing cost sharing in some cases
20

New Rules in Purchasing
by Jose Ignacio Lopez


forced changes of existing supplier contracts


renegotiation of five-year contract, e.g., cuts of supplier
price of 5%, 3%, 2%, 2%, 1% in the next five years



close working relationship with unions



taking proprietary designs from suppliers for open
bidding by other suppliers



sharing insufficient fixed development cost with
suppliers

21

New Rules in Purchasing
by Jose Ignacio Lopez
 results
 saving

$4 bill for GM

 poor

relationship and rating by suppliers

 some

suppliers out of business

 loss


of supplier loyalty in long term

not providing best product, nor best service

 switching

partners at opportunity

22

Concurrent
Chrysler Purchasing Policy
 long-term

partnership with suppliers

 criterion:

contribution to whole product
development and manufacturing process,
not only cost

 involving

suppliers right at the beginning

23

Contract Renegotiation with
*
the Chilean Government

http://www.negotiations.com/case/contract-renegotiation/
24

Contract Renegotiation with the
Chilean Government*




contract renegotiation over the El Teniente copper mine
in Chile in 1960’s
two parties: Kennecott, a U.S. company, and Chilean
government
background: national sentiment in Chile for foreign
companies to exploit its natural resource



overwhelmingly strong BATNA of the Chilean government
either tough financial terms or even expropriating the mine


enough local experts to manage the mine

25

Contract Renegotiation with the
Chilean Government*



What can be done by Kennecott?
a six-step win-win strategy that strengthens Kennecott’s position







1 selling a majority equity of the mining operation to the Chilean
government
2 divesting the fund into US banks; getting an outside loan, to expand the mining
operations (effect: better deal in re-negotiation)
3 having the Chilean government to guarantee the loan, with the guarantee
under the law of New York state
4 insuring as many as possible assets with U.S. backed guarantees (effect: reducing loss
in case of expropriation)
5 negotiating to sell output from expansion to clients in Europe and North
America (effect: diversifying customer base)
6 lastly selling the rights of the new contracts to a consortium of financial
institutions from Japan, the United States and Europe (effect: multi-party negotiation
in future contract renegotiation, with parties having other interests with the Chile
Government)

http://www.negotiations.com/case/contract-renegotiation/

26

Contract Renegotiation with the
Chilean Government
 final

remark: expropriation years later but
much better position for Kennecott in
negotiation

27

Preparation and Tactics
in Negotiating

28

Preparation for Negotiation
 identify

participants and set up a team

 develop

objectives

 e.g.,

price, quality, form of collaboration,
service level, long-term relationship

 gather

relevant information

 market

price, historical prices, actual cost of
supplier, history, financial strength, quality,
service level, management of supplier, possible
negotiator from supplier …
29

Preparation for Negotiation
 analyze

strengths & weaknesses for
suppliers and oneself
 for

both sides, e.g.,

 how

important is the supplier to us

 how

much time we have

 any

other backup supplier

 how

important is the order for the supplier

 financial

strength of the supplier
30

Preparation for Negotiation
 recognize
 deduce

 identify
 to

other party’s needs

real needs in others’ perspectives

common goals and facts agreed

simplify discussion

 identify

issues to discuss

 (potential)

differences between the two sides

31

Preparation for Negotiation
 establish
 develop
 brief

positions and BATNA

strategies and tactics

personnel

 practice

the negotiation

32

Tactics







argue based on facts
answer carefully
mind other side’s feeling
know the deadline
avoid trapping oneself in a
corner









e.g., “accept or no deal”

have courage to say no
start with lowest
start with highest
show honesty
take the initiative
listen



disappearance of key persons



never give up



fictitious competition


unethical



order issues



take a rest to cool down



check security



select venue



use threat



side track the issue



raise questions



keep silent
33

Concessions


give-and-take being common in negotiation



guidelines for making concessions


reserve room for concessions



first understand the other side’s needs and objectives



first to concede minor but not the first to concede major



portray unimportant concessions as valuable



fight before every concession
34

Concessions
 guidelines
 give,

for making concessions

and remember to take

 concede
 never

slowly and by little

reveal deadline

 say

“no” occasionally

 try

not to retrieve concessions

 record

of concessions
35

Power in Negotiation
power: the ability to influence
 sources of negotiating power


informational power: presenting relevant facts and
persuasive argument
 reward power
 coercive power
 legitimate power: credentials of experts
 referent power: socially acceptable personal qualities
and attributes, e.g., physical, honesty, charisma,
friendliness, sensitivity


36

Win-Win Negotiation


win-lose – competitive or distributive bargaining



win-win – collaboration or integrative bargaining


beneficial to both sides usually by increasing value or expanding
resources to all participants



equitable sharing of profit or cost



tactics


expand the pie



logroll



compensation for compliance



a bridge solution

37

Getting to Yes
Negotiating Agreement Without Giving In
By Roger Fisher & William Ury

38

Tips from the Book
 don’t

bargain over positions

 separate
 focus

on interests, not positions

 invent
 insist

the people from the problem

options for Mutual Gain

on using objective criteria

39

Don’t Bargain Over Positions


C: customer; S: Shopkeeper



C: How much do you want for this brass dish?



S: That is beautiful antique, isn’t it? I guess I could let it go for $75.



C: Oh come on, it’s dented. I’ll give you $15.



S: Really! I might consider a serious offer, but $15 is certainly isn’t serious.



C: Well, I could to to $20, but I would never pay anything like $75. Quote me a realistic price.



S: You rive a hard bargain, young lady. $60 cash, right now.



C: $25.



S: It cost me a great deal more than that. Make me a serious offer.



C: $37.50. That’s the highest I will go.



S: Have you noticed the engraving on that dish? Next year pieces like that will be worth twice
what you pay today.

40

Focus on Interests, Not Positions
 Negotiation

between Egypt and Israel at
Camp David in 1879
 Egyptian Sinai Peninsula occupied by Israel
since the Six Day War in 1967
 Positions
 Egypt:

getting back whole Sinai Peninsula
 Israel: holding part of Sinai Peninsula for
national security
41

Focus on Interests, Not Positions
 interests
 Egypt:

sovereignty

 Israel:

national security

 Result:

returned the whole Sinai Peninsula
to Egypt and de-militarized large area for
security of Israel

42

Insist on using Objective Criteria

















I: Insurance Adjuster; T; Tom
I: We have studied your case and have decided the policy applies. That means you’re entitled
to a settlement of $6,600.
T: I see. How did you reach that figure?
I: That’s how much we decided the car was worth.
T: I understand, but what standard did you use to determine that amount? Do you know
where I can buy a comparable car for that much?
I: How much are you asking for?
T: Whatever I’m entitled to under the policy. I found a secondhand car just about like it for
$7,700. Adding eh sales and excise tax, it would come to about $8,000.
I: $8,000! That’s too much.
T: I’m not asking for $8,000 or $6,000 or $10,000, but for fair compensation. Do you agree that
it’s only fair I get enough to replace the car?
I: OK, I’ll offer you $7,000. That’s the highest I can go. Company policy.
T: How does the company figure that?
I: Look. $7,000 is all you’ll get. Take it or leave it.
T: $7,000 may be fair. I don’t know. I certainly understand your position if you’re bound by
company policy. But unless you can state objectively why that amount is what I’m entitled to, I
think I’ll do better in court. Why don’t we study the matter and talk again? Is Wednesday at
eleven a good time to talk?
….

43

Insist on using Objective Criteria















….
I: Ok, Mr. Griffith, I’ve got an adhere in today’s paper offering an ‘89 Taurus
for $6,800.
T: I see. What does it say about mileage?
I: 49,000. Why?
T: Because mine only had 25,000 miles. How many dollars does that increase
the worth in your book?
I: Let me see … $450.
T: Assuming the $6,800 as one possible base, that brings the figure to $7,250.
Does the ad say anything about a radio?
I: No.
T: How much extra for that in your book?
I: $125.
T: How much for air conditioning?
……
A half-hour later Tom walked out with a check for $8,024.
44


Slide 23

Negotiation

1

Outline
 standard

terms of negotiation

 examples

of negotiation

 David
 price

and Goliath

negotiation in a channel

 force-cost
a

reduction

company and a government

 preparation

and tactics of negotiation
2

Standard Terms in Negotiating

3

Negotiation


formal communication to seek mutual agreement


usually verbally



often between two sides



on sharing and allocation of resources, cost,
benefits, etc.



skills


required preparation



sharpened by practice
4

Terms in Negotiation
 BATNA

(best alternative to a negotiated
agreement) (底線)

 positions

(立場)

 interests

(利益)

 needs

(需要)

 wants

(願望)
5

Conditions to Use Negotiation
 expensive

operations



high-value, large-volume contract



complex technical requirements on product and
process, possibly evolving specifications



capital-intensive items, e.g., plant and equipment



special buyer-supplier relationship



important value-adding activities required from
suppler
6

Examples

7

Which Side Won?
 rental

negotiation

age
group size
status
company
Position in company

Party A
middle age
two, couple
landlord
local
owner

Party B
20’s
single
potential tenant
foreign
employee

8

Which Side Won?
 story
 potential

tenant slow in responding

 property

price gone up

 higher

rental expected by developers

9

Rental Contract Negotiation
by Mr. Stanley Yen
 Mr

Stanley Yen

 1971

June: started as a messenger in the
Taiwan branch of American Express (AET)

 1971

end: took care also general affairs of AET

…

 Now:

a living legend in tourism, management,
social welfare, …
10

Rental Contract Negotiation
by Mr. Stanley Yen


Mr. Yen, “How come you do this? As a custom of
foreign company, I recorded the agreed rental in a
memo.”



mutual respect that grew into long-term
employee-employer and then family-type
relationship



lessons


systematic



polite
11

Real-life Negotiation
with Suppliers

12

Examples of Price Negotiation


some general practice: 5th video clipping 00:14:20
to 00:20:20


depending on opponents




intellectual, traditional, personality

possessing information


BANTA and needs of opponents



market price, actual production cost



strengthen and BANTA of my company

13

Jose Ignacio Lopez
de Arriortua

14

Force-cost Reduction
 win-lose
 acting

strategy

personally, offensively, and emotionally

 demanding

 changing

immediate effect

existing contracts

 threatening

reduction or less no business

http://www.projectmagazine.com/monitoring-and-controlling/53cost/270-qforcedq-cost-reduction-how-to-respond
15

Deep Trouble of GM in Early 90’s

Michael H. Moffett and Willian E. Youngdahl (1999) Jose Ignacio Lopez de
Arriortua, Thunderbird International Business Review, 41(2) 179-194

16

Life of Jose Ignacio Lopez






doctorate in industrial engineering
196980: Firestone, Spain
198086: GM European operations, Spain
1986: GM’s Opel, Germany
1987: head of purchasing for Europe




work with Jack Smith to make GM Europe profitable

1992, April: VP of Worldwide purchasing of GM


Jack Smith as president of GM in Spring 92

18

New Rules in Purchasing
by Jose Ignacio Lopez
 new
 all

rules
supply contracts by bidding

a

minimum of 10 bids for a supply contract, at least
one not in north America

 no

favorable treatment of internal suppliers,
70% among all

 50%

productivity improvement by 1995

19

New Rules in Purchasing
by Jose Ignacio Lopez
 second

phase: sending GM teams to help
suppliers for improvement and cost
reduction

 mixed

results

 exemplary

in some, e.g., Siemens, reduction of
85% assembly line time; 95 percent of
inventory; 20% of cost

 not

sharing cost sharing in some cases
20

New Rules in Purchasing
by Jose Ignacio Lopez


forced changes of existing supplier contracts


renegotiation of five-year contract, e.g., cuts of supplier
price of 5%, 3%, 2%, 2%, 1% in the next five years



close working relationship with unions



taking proprietary designs from suppliers for open
bidding by other suppliers



sharing insufficient fixed development cost with
suppliers

21

New Rules in Purchasing
by Jose Ignacio Lopez
 results
 saving

$4 bill for GM

 poor

relationship and rating by suppliers

 some

suppliers out of business

 loss


of supplier loyalty in long term

not providing best product, nor best service

 switching

partners at opportunity

22

Concurrent
Chrysler Purchasing Policy
 long-term

partnership with suppliers

 criterion:

contribution to whole product
development and manufacturing process,
not only cost

 involving

suppliers right at the beginning

23

Contract Renegotiation with
*
the Chilean Government

http://www.negotiations.com/case/contract-renegotiation/
24

Contract Renegotiation with the
Chilean Government*




contract renegotiation over the El Teniente copper mine
in Chile in 1960’s
two parties: Kennecott, a U.S. company, and Chilean
government
background: national sentiment in Chile for foreign
companies to exploit its natural resource



overwhelmingly strong BATNA of the Chilean government
either tough financial terms or even expropriating the mine


enough local experts to manage the mine

25

Contract Renegotiation with the
Chilean Government*



What can be done by Kennecott?
a six-step win-win strategy that strengthens Kennecott’s position







1 selling a majority equity of the mining operation to the Chilean
government
2 divesting the fund into US banks; getting an outside loan, to expand the mining
operations (effect: better deal in re-negotiation)
3 having the Chilean government to guarantee the loan, with the guarantee
under the law of New York state
4 insuring as many as possible assets with U.S. backed guarantees (effect: reducing loss
in case of expropriation)
5 negotiating to sell output from expansion to clients in Europe and North
America (effect: diversifying customer base)
6 lastly selling the rights of the new contracts to a consortium of financial
institutions from Japan, the United States and Europe (effect: multi-party negotiation
in future contract renegotiation, with parties having other interests with the Chile
Government)

http://www.negotiations.com/case/contract-renegotiation/

26

Contract Renegotiation with the
Chilean Government
 final

remark: expropriation years later but
much better position for Kennecott in
negotiation

27

Preparation and Tactics
in Negotiating

28

Preparation for Negotiation
 identify

participants and set up a team

 develop

objectives

 e.g.,

price, quality, form of collaboration,
service level, long-term relationship

 gather

relevant information

 market

price, historical prices, actual cost of
supplier, history, financial strength, quality,
service level, management of supplier, possible
negotiator from supplier …
29

Preparation for Negotiation
 analyze

strengths & weaknesses for
suppliers and oneself
 for

both sides, e.g.,

 how

important is the supplier to us

 how

much time we have

 any

other backup supplier

 how

important is the order for the supplier

 financial

strength of the supplier
30

Preparation for Negotiation
 recognize
 deduce

 identify
 to

other party’s needs

real needs in others’ perspectives

common goals and facts agreed

simplify discussion

 identify

issues to discuss

 (potential)

differences between the two sides

31

Preparation for Negotiation
 establish
 develop
 brief

positions and BATNA

strategies and tactics

personnel

 practice

the negotiation

32

Tactics







argue based on facts
answer carefully
mind other side’s feeling
know the deadline
avoid trapping oneself in a
corner









e.g., “accept or no deal”

have courage to say no
start with lowest
start with highest
show honesty
take the initiative
listen



disappearance of key persons



never give up



fictitious competition


unethical



order issues



take a rest to cool down



check security



select venue



use threat



side track the issue



raise questions



keep silent
33

Concessions


give-and-take being common in negotiation



guidelines for making concessions


reserve room for concessions



first understand the other side’s needs and objectives



first to concede minor but not the first to concede major



portray unimportant concessions as valuable



fight before every concession
34

Concessions
 guidelines
 give,

for making concessions

and remember to take

 concede
 never

slowly and by little

reveal deadline

 say

“no” occasionally

 try

not to retrieve concessions

 record

of concessions
35

Power in Negotiation
power: the ability to influence
 sources of negotiating power


informational power: presenting relevant facts and
persuasive argument
 reward power
 coercive power
 legitimate power: credentials of experts
 referent power: socially acceptable personal qualities
and attributes, e.g., physical, honesty, charisma,
friendliness, sensitivity


36

Win-Win Negotiation


win-lose – competitive or distributive bargaining



win-win – collaboration or integrative bargaining


beneficial to both sides usually by increasing value or expanding
resources to all participants



equitable sharing of profit or cost



tactics


expand the pie



logroll



compensation for compliance



a bridge solution

37

Getting to Yes
Negotiating Agreement Without Giving In
By Roger Fisher & William Ury

38

Tips from the Book
 don’t

bargain over positions

 separate
 focus

on interests, not positions

 invent
 insist

the people from the problem

options for Mutual Gain

on using objective criteria

39

Don’t Bargain Over Positions


C: customer; S: Shopkeeper



C: How much do you want for this brass dish?



S: That is beautiful antique, isn’t it? I guess I could let it go for $75.



C: Oh come on, it’s dented. I’ll give you $15.



S: Really! I might consider a serious offer, but $15 is certainly isn’t serious.



C: Well, I could to to $20, but I would never pay anything like $75. Quote me a realistic price.



S: You rive a hard bargain, young lady. $60 cash, right now.



C: $25.



S: It cost me a great deal more than that. Make me a serious offer.



C: $37.50. That’s the highest I will go.



S: Have you noticed the engraving on that dish? Next year pieces like that will be worth twice
what you pay today.

40

Focus on Interests, Not Positions
 Negotiation

between Egypt and Israel at
Camp David in 1879
 Egyptian Sinai Peninsula occupied by Israel
since the Six Day War in 1967
 Positions
 Egypt:

getting back whole Sinai Peninsula
 Israel: holding part of Sinai Peninsula for
national security
41

Focus on Interests, Not Positions
 interests
 Egypt:

sovereignty

 Israel:

national security

 Result:

returned the whole Sinai Peninsula
to Egypt and de-militarized large area for
security of Israel

42

Insist on using Objective Criteria

















I: Insurance Adjuster; T; Tom
I: We have studied your case and have decided the policy applies. That means you’re entitled
to a settlement of $6,600.
T: I see. How did you reach that figure?
I: That’s how much we decided the car was worth.
T: I understand, but what standard did you use to determine that amount? Do you know
where I can buy a comparable car for that much?
I: How much are you asking for?
T: Whatever I’m entitled to under the policy. I found a secondhand car just about like it for
$7,700. Adding eh sales and excise tax, it would come to about $8,000.
I: $8,000! That’s too much.
T: I’m not asking for $8,000 or $6,000 or $10,000, but for fair compensation. Do you agree that
it’s only fair I get enough to replace the car?
I: OK, I’ll offer you $7,000. That’s the highest I can go. Company policy.
T: How does the company figure that?
I: Look. $7,000 is all you’ll get. Take it or leave it.
T: $7,000 may be fair. I don’t know. I certainly understand your position if you’re bound by
company policy. But unless you can state objectively why that amount is what I’m entitled to, I
think I’ll do better in court. Why don’t we study the matter and talk again? Is Wednesday at
eleven a good time to talk?
….

43

Insist on using Objective Criteria















….
I: Ok, Mr. Griffith, I’ve got an adhere in today’s paper offering an ‘89 Taurus
for $6,800.
T: I see. What does it say about mileage?
I: 49,000. Why?
T: Because mine only had 25,000 miles. How many dollars does that increase
the worth in your book?
I: Let me see … $450.
T: Assuming the $6,800 as one possible base, that brings the figure to $7,250.
Does the ad say anything about a radio?
I: No.
T: How much extra for that in your book?
I: $125.
T: How much for air conditioning?
……
A half-hour later Tom walked out with a check for $8,024.
44


Slide 24

Negotiation

1

Outline
 standard

terms of negotiation

 examples

of negotiation

 David
 price

and Goliath

negotiation in a channel

 force-cost
a

reduction

company and a government

 preparation

and tactics of negotiation
2

Standard Terms in Negotiating

3

Negotiation


formal communication to seek mutual agreement


usually verbally



often between two sides



on sharing and allocation of resources, cost,
benefits, etc.



skills


required preparation



sharpened by practice
4

Terms in Negotiation
 BATNA

(best alternative to a negotiated
agreement) (底線)

 positions

(立場)

 interests

(利益)

 needs

(需要)

 wants

(願望)
5

Conditions to Use Negotiation
 expensive

operations



high-value, large-volume contract



complex technical requirements on product and
process, possibly evolving specifications



capital-intensive items, e.g., plant and equipment



special buyer-supplier relationship



important value-adding activities required from
suppler
6

Examples

7

Which Side Won?
 rental

negotiation

age
group size
status
company
Position in company

Party A
middle age
two, couple
landlord
local
owner

Party B
20’s
single
potential tenant
foreign
employee

8

Which Side Won?
 story
 potential

tenant slow in responding

 property

price gone up

 higher

rental expected by developers

9

Rental Contract Negotiation
by Mr. Stanley Yen
 Mr

Stanley Yen

 1971

June: started as a messenger in the
Taiwan branch of American Express (AET)

 1971

end: took care also general affairs of AET

…

 Now:

a living legend in tourism, management,
social welfare, …
10

Rental Contract Negotiation
by Mr. Stanley Yen


Mr. Yen, “How come you do this? As a custom of
foreign company, I recorded the agreed rental in a
memo.”



mutual respect that grew into long-term
employee-employer and then family-type
relationship



lessons


systematic



polite
11

Real-life Negotiation
with Suppliers

12

Examples of Price Negotiation


some general practice: 5th video clipping 00:14:20
to 00:20:20


depending on opponents




intellectual, traditional, personality

possessing information


BANTA and needs of opponents



market price, actual production cost



strengthen and BANTA of my company

13

Jose Ignacio Lopez
de Arriortua

14

Force-cost Reduction
 win-lose
 acting

strategy

personally, offensively, and emotionally

 demanding

 changing

immediate effect

existing contracts

 threatening

reduction or less no business

http://www.projectmagazine.com/monitoring-and-controlling/53cost/270-qforcedq-cost-reduction-how-to-respond
15

Deep Trouble of GM in Early 90’s

Michael H. Moffett and Willian E. Youngdahl (1999) Jose Ignacio Lopez de
Arriortua, Thunderbird International Business Review, 41(2) 179-194

16

Life of Jose Ignacio Lopez






doctorate in industrial engineering
196980: Firestone, Spain
198086: GM European operations, Spain
1986: GM’s Opel, Germany
1987: head of purchasing for Europe




work with Jack Smith to make GM Europe profitable

1992, April: VP of Worldwide purchasing of GM


Jack Smith as president of GM in Spring 92

18

New Rules in Purchasing
by Jose Ignacio Lopez
 new
 all

rules
supply contracts by bidding

a

minimum of 10 bids for a supply contract, at least
one not in north America

 no

favorable treatment of internal suppliers,
70% among all

 50%

productivity improvement by 1995

19

New Rules in Purchasing
by Jose Ignacio Lopez
 second

phase: sending GM teams to help
suppliers for improvement and cost
reduction

 mixed

results

 exemplary

in some, e.g., Siemens, reduction of
85% assembly line time; 95 percent of
inventory; 20% of cost

 not

sharing cost sharing in some cases
20

New Rules in Purchasing
by Jose Ignacio Lopez


forced changes of existing supplier contracts


renegotiation of five-year contract, e.g., cuts of supplier
price of 5%, 3%, 2%, 2%, 1% in the next five years



close working relationship with unions



taking proprietary designs from suppliers for open
bidding by other suppliers



sharing insufficient fixed development cost with
suppliers

21

New Rules in Purchasing
by Jose Ignacio Lopez
 results
 saving

$4 bill for GM

 poor

relationship and rating by suppliers

 some

suppliers out of business

 loss


of supplier loyalty in long term

not providing best product, nor best service

 switching

partners at opportunity

22

Concurrent
Chrysler Purchasing Policy
 long-term

partnership with suppliers

 criterion:

contribution to whole product
development and manufacturing process,
not only cost

 involving

suppliers right at the beginning

23

Contract Renegotiation with
*
the Chilean Government

http://www.negotiations.com/case/contract-renegotiation/
24

Contract Renegotiation with the
Chilean Government*




contract renegotiation over the El Teniente copper mine
in Chile in 1960’s
two parties: Kennecott, a U.S. company, and Chilean
government
background: national sentiment in Chile for foreign
companies to exploit its natural resource



overwhelmingly strong BATNA of the Chilean government
either tough financial terms or even expropriating the mine


enough local experts to manage the mine

25

Contract Renegotiation with the
Chilean Government*



What can be done by Kennecott?
a six-step win-win strategy that strengthens Kennecott’s position







1 selling a majority equity of the mining operation to the Chilean
government
2 divesting the fund into US banks; getting an outside loan, to expand the mining
operations (effect: better deal in re-negotiation)
3 having the Chilean government to guarantee the loan, with the guarantee
under the law of New York state
4 insuring as many as possible assets with U.S. backed guarantees (effect: reducing loss
in case of expropriation)
5 negotiating to sell output from expansion to clients in Europe and North
America (effect: diversifying customer base)
6 lastly selling the rights of the new contracts to a consortium of financial
institutions from Japan, the United States and Europe (effect: multi-party negotiation
in future contract renegotiation, with parties having other interests with the Chile
Government)

http://www.negotiations.com/case/contract-renegotiation/

26

Contract Renegotiation with the
Chilean Government
 final

remark: expropriation years later but
much better position for Kennecott in
negotiation

27

Preparation and Tactics
in Negotiating

28

Preparation for Negotiation
 identify

participants and set up a team

 develop

objectives

 e.g.,

price, quality, form of collaboration,
service level, long-term relationship

 gather

relevant information

 market

price, historical prices, actual cost of
supplier, history, financial strength, quality,
service level, management of supplier, possible
negotiator from supplier …
29

Preparation for Negotiation
 analyze

strengths & weaknesses for
suppliers and oneself
 for

both sides, e.g.,

 how

important is the supplier to us

 how

much time we have

 any

other backup supplier

 how

important is the order for the supplier

 financial

strength of the supplier
30

Preparation for Negotiation
 recognize
 deduce

 identify
 to

other party’s needs

real needs in others’ perspectives

common goals and facts agreed

simplify discussion

 identify

issues to discuss

 (potential)

differences between the two sides

31

Preparation for Negotiation
 establish
 develop
 brief

positions and BATNA

strategies and tactics

personnel

 practice

the negotiation

32

Tactics







argue based on facts
answer carefully
mind other side’s feeling
know the deadline
avoid trapping oneself in a
corner









e.g., “accept or no deal”

have courage to say no
start with lowest
start with highest
show honesty
take the initiative
listen



disappearance of key persons



never give up



fictitious competition


unethical



order issues



take a rest to cool down



check security



select venue



use threat



side track the issue



raise questions



keep silent
33

Concessions


give-and-take being common in negotiation



guidelines for making concessions


reserve room for concessions



first understand the other side’s needs and objectives



first to concede minor but not the first to concede major



portray unimportant concessions as valuable



fight before every concession
34

Concessions
 guidelines
 give,

for making concessions

and remember to take

 concede
 never

slowly and by little

reveal deadline

 say

“no” occasionally

 try

not to retrieve concessions

 record

of concessions
35

Power in Negotiation
power: the ability to influence
 sources of negotiating power


informational power: presenting relevant facts and
persuasive argument
 reward power
 coercive power
 legitimate power: credentials of experts
 referent power: socially acceptable personal qualities
and attributes, e.g., physical, honesty, charisma,
friendliness, sensitivity


36

Win-Win Negotiation


win-lose – competitive or distributive bargaining



win-win – collaboration or integrative bargaining


beneficial to both sides usually by increasing value or expanding
resources to all participants



equitable sharing of profit or cost



tactics


expand the pie



logroll



compensation for compliance



a bridge solution

37

Getting to Yes
Negotiating Agreement Without Giving In
By Roger Fisher & William Ury

38

Tips from the Book
 don’t

bargain over positions

 separate
 focus

on interests, not positions

 invent
 insist

the people from the problem

options for Mutual Gain

on using objective criteria

39

Don’t Bargain Over Positions


C: customer; S: Shopkeeper



C: How much do you want for this brass dish?



S: That is beautiful antique, isn’t it? I guess I could let it go for $75.



C: Oh come on, it’s dented. I’ll give you $15.



S: Really! I might consider a serious offer, but $15 is certainly isn’t serious.



C: Well, I could to to $20, but I would never pay anything like $75. Quote me a realistic price.



S: You rive a hard bargain, young lady. $60 cash, right now.



C: $25.



S: It cost me a great deal more than that. Make me a serious offer.



C: $37.50. That’s the highest I will go.



S: Have you noticed the engraving on that dish? Next year pieces like that will be worth twice
what you pay today.

40

Focus on Interests, Not Positions
 Negotiation

between Egypt and Israel at
Camp David in 1879
 Egyptian Sinai Peninsula occupied by Israel
since the Six Day War in 1967
 Positions
 Egypt:

getting back whole Sinai Peninsula
 Israel: holding part of Sinai Peninsula for
national security
41

Focus on Interests, Not Positions
 interests
 Egypt:

sovereignty

 Israel:

national security

 Result:

returned the whole Sinai Peninsula
to Egypt and de-militarized large area for
security of Israel

42

Insist on using Objective Criteria

















I: Insurance Adjuster; T; Tom
I: We have studied your case and have decided the policy applies. That means you’re entitled
to a settlement of $6,600.
T: I see. How did you reach that figure?
I: That’s how much we decided the car was worth.
T: I understand, but what standard did you use to determine that amount? Do you know
where I can buy a comparable car for that much?
I: How much are you asking for?
T: Whatever I’m entitled to under the policy. I found a secondhand car just about like it for
$7,700. Adding eh sales and excise tax, it would come to about $8,000.
I: $8,000! That’s too much.
T: I’m not asking for $8,000 or $6,000 or $10,000, but for fair compensation. Do you agree that
it’s only fair I get enough to replace the car?
I: OK, I’ll offer you $7,000. That’s the highest I can go. Company policy.
T: How does the company figure that?
I: Look. $7,000 is all you’ll get. Take it or leave it.
T: $7,000 may be fair. I don’t know. I certainly understand your position if you’re bound by
company policy. But unless you can state objectively why that amount is what I’m entitled to, I
think I’ll do better in court. Why don’t we study the matter and talk again? Is Wednesday at
eleven a good time to talk?
….

43

Insist on using Objective Criteria















….
I: Ok, Mr. Griffith, I’ve got an adhere in today’s paper offering an ‘89 Taurus
for $6,800.
T: I see. What does it say about mileage?
I: 49,000. Why?
T: Because mine only had 25,000 miles. How many dollars does that increase
the worth in your book?
I: Let me see … $450.
T: Assuming the $6,800 as one possible base, that brings the figure to $7,250.
Does the ad say anything about a radio?
I: No.
T: How much extra for that in your book?
I: $125.
T: How much for air conditioning?
……
A half-hour later Tom walked out with a check for $8,024.
44


Slide 25

Negotiation

1

Outline
 standard

terms of negotiation

 examples

of negotiation

 David
 price

and Goliath

negotiation in a channel

 force-cost
a

reduction

company and a government

 preparation

and tactics of negotiation
2

Standard Terms in Negotiating

3

Negotiation


formal communication to seek mutual agreement


usually verbally



often between two sides



on sharing and allocation of resources, cost,
benefits, etc.



skills


required preparation



sharpened by practice
4

Terms in Negotiation
 BATNA

(best alternative to a negotiated
agreement) (底線)

 positions

(立場)

 interests

(利益)

 needs

(需要)

 wants

(願望)
5

Conditions to Use Negotiation
 expensive

operations



high-value, large-volume contract



complex technical requirements on product and
process, possibly evolving specifications



capital-intensive items, e.g., plant and equipment



special buyer-supplier relationship



important value-adding activities required from
suppler
6

Examples

7

Which Side Won?
 rental

negotiation

age
group size
status
company
Position in company

Party A
middle age
two, couple
landlord
local
owner

Party B
20’s
single
potential tenant
foreign
employee

8

Which Side Won?
 story
 potential

tenant slow in responding

 property

price gone up

 higher

rental expected by developers

9

Rental Contract Negotiation
by Mr. Stanley Yen
 Mr

Stanley Yen

 1971

June: started as a messenger in the
Taiwan branch of American Express (AET)

 1971

end: took care also general affairs of AET

…

 Now:

a living legend in tourism, management,
social welfare, …
10

Rental Contract Negotiation
by Mr. Stanley Yen


Mr. Yen, “How come you do this? As a custom of
foreign company, I recorded the agreed rental in a
memo.”



mutual respect that grew into long-term
employee-employer and then family-type
relationship



lessons


systematic



polite
11

Real-life Negotiation
with Suppliers

12

Examples of Price Negotiation


some general practice: 5th video clipping 00:14:20
to 00:20:20


depending on opponents




intellectual, traditional, personality

possessing information


BANTA and needs of opponents



market price, actual production cost



strengthen and BANTA of my company

13

Jose Ignacio Lopez
de Arriortua

14

Force-cost Reduction
 win-lose
 acting

strategy

personally, offensively, and emotionally

 demanding

 changing

immediate effect

existing contracts

 threatening

reduction or less no business

http://www.projectmagazine.com/monitoring-and-controlling/53cost/270-qforcedq-cost-reduction-how-to-respond
15

Deep Trouble of GM in Early 90’s

Michael H. Moffett and Willian E. Youngdahl (1999) Jose Ignacio Lopez de
Arriortua, Thunderbird International Business Review, 41(2) 179-194

16

Life of Jose Ignacio Lopez






doctorate in industrial engineering
196980: Firestone, Spain
198086: GM European operations, Spain
1986: GM’s Opel, Germany
1987: head of purchasing for Europe




work with Jack Smith to make GM Europe profitable

1992, April: VP of Worldwide purchasing of GM


Jack Smith as president of GM in Spring 92

18

New Rules in Purchasing
by Jose Ignacio Lopez
 new
 all

rules
supply contracts by bidding

a

minimum of 10 bids for a supply contract, at least
one not in north America

 no

favorable treatment of internal suppliers,
70% among all

 50%

productivity improvement by 1995

19

New Rules in Purchasing
by Jose Ignacio Lopez
 second

phase: sending GM teams to help
suppliers for improvement and cost
reduction

 mixed

results

 exemplary

in some, e.g., Siemens, reduction of
85% assembly line time; 95 percent of
inventory; 20% of cost

 not

sharing cost sharing in some cases
20

New Rules in Purchasing
by Jose Ignacio Lopez


forced changes of existing supplier contracts


renegotiation of five-year contract, e.g., cuts of supplier
price of 5%, 3%, 2%, 2%, 1% in the next five years



close working relationship with unions



taking proprietary designs from suppliers for open
bidding by other suppliers



sharing insufficient fixed development cost with
suppliers

21

New Rules in Purchasing
by Jose Ignacio Lopez
 results
 saving

$4 bill for GM

 poor

relationship and rating by suppliers

 some

suppliers out of business

 loss


of supplier loyalty in long term

not providing best product, nor best service

 switching

partners at opportunity

22

Concurrent
Chrysler Purchasing Policy
 long-term

partnership with suppliers

 criterion:

contribution to whole product
development and manufacturing process,
not only cost

 involving

suppliers right at the beginning

23

Contract Renegotiation with
*
the Chilean Government

http://www.negotiations.com/case/contract-renegotiation/
24

Contract Renegotiation with the
Chilean Government*




contract renegotiation over the El Teniente copper mine
in Chile in 1960’s
two parties: Kennecott, a U.S. company, and Chilean
government
background: national sentiment in Chile for foreign
companies to exploit its natural resource



overwhelmingly strong BATNA of the Chilean government
either tough financial terms or even expropriating the mine


enough local experts to manage the mine

25

Contract Renegotiation with the
Chilean Government*



What can be done by Kennecott?
a six-step win-win strategy that strengthens Kennecott’s position







1 selling a majority equity of the mining operation to the Chilean
government
2 divesting the fund into US banks; getting an outside loan, to expand the mining
operations (effect: better deal in re-negotiation)
3 having the Chilean government to guarantee the loan, with the guarantee
under the law of New York state
4 insuring as many as possible assets with U.S. backed guarantees (effect: reducing loss
in case of expropriation)
5 negotiating to sell output from expansion to clients in Europe and North
America (effect: diversifying customer base)
6 lastly selling the rights of the new contracts to a consortium of financial
institutions from Japan, the United States and Europe (effect: multi-party negotiation
in future contract renegotiation, with parties having other interests with the Chile
Government)

http://www.negotiations.com/case/contract-renegotiation/

26

Contract Renegotiation with the
Chilean Government
 final

remark: expropriation years later but
much better position for Kennecott in
negotiation

27

Preparation and Tactics
in Negotiating

28

Preparation for Negotiation
 identify

participants and set up a team

 develop

objectives

 e.g.,

price, quality, form of collaboration,
service level, long-term relationship

 gather

relevant information

 market

price, historical prices, actual cost of
supplier, history, financial strength, quality,
service level, management of supplier, possible
negotiator from supplier …
29

Preparation for Negotiation
 analyze

strengths & weaknesses for
suppliers and oneself
 for

both sides, e.g.,

 how

important is the supplier to us

 how

much time we have

 any

other backup supplier

 how

important is the order for the supplier

 financial

strength of the supplier
30

Preparation for Negotiation
 recognize
 deduce

 identify
 to

other party’s needs

real needs in others’ perspectives

common goals and facts agreed

simplify discussion

 identify

issues to discuss

 (potential)

differences between the two sides

31

Preparation for Negotiation
 establish
 develop
 brief

positions and BATNA

strategies and tactics

personnel

 practice

the negotiation

32

Tactics







argue based on facts
answer carefully
mind other side’s feeling
know the deadline
avoid trapping oneself in a
corner









e.g., “accept or no deal”

have courage to say no
start with lowest
start with highest
show honesty
take the initiative
listen



disappearance of key persons



never give up



fictitious competition


unethical



order issues



take a rest to cool down



check security



select venue



use threat



side track the issue



raise questions



keep silent
33

Concessions


give-and-take being common in negotiation



guidelines for making concessions


reserve room for concessions



first understand the other side’s needs and objectives



first to concede minor but not the first to concede major



portray unimportant concessions as valuable



fight before every concession
34

Concessions
 guidelines
 give,

for making concessions

and remember to take

 concede
 never

slowly and by little

reveal deadline

 say

“no” occasionally

 try

not to retrieve concessions

 record

of concessions
35

Power in Negotiation
power: the ability to influence
 sources of negotiating power


informational power: presenting relevant facts and
persuasive argument
 reward power
 coercive power
 legitimate power: credentials of experts
 referent power: socially acceptable personal qualities
and attributes, e.g., physical, honesty, charisma,
friendliness, sensitivity


36

Win-Win Negotiation


win-lose – competitive or distributive bargaining



win-win – collaboration or integrative bargaining


beneficial to both sides usually by increasing value or expanding
resources to all participants



equitable sharing of profit or cost



tactics


expand the pie



logroll



compensation for compliance



a bridge solution

37

Getting to Yes
Negotiating Agreement Without Giving In
By Roger Fisher & William Ury

38

Tips from the Book
 don’t

bargain over positions

 separate
 focus

on interests, not positions

 invent
 insist

the people from the problem

options for Mutual Gain

on using objective criteria

39

Don’t Bargain Over Positions


C: customer; S: Shopkeeper



C: How much do you want for this brass dish?



S: That is beautiful antique, isn’t it? I guess I could let it go for $75.



C: Oh come on, it’s dented. I’ll give you $15.



S: Really! I might consider a serious offer, but $15 is certainly isn’t serious.



C: Well, I could to to $20, but I would never pay anything like $75. Quote me a realistic price.



S: You rive a hard bargain, young lady. $60 cash, right now.



C: $25.



S: It cost me a great deal more than that. Make me a serious offer.



C: $37.50. That’s the highest I will go.



S: Have you noticed the engraving on that dish? Next year pieces like that will be worth twice
what you pay today.

40

Focus on Interests, Not Positions
 Negotiation

between Egypt and Israel at
Camp David in 1879
 Egyptian Sinai Peninsula occupied by Israel
since the Six Day War in 1967
 Positions
 Egypt:

getting back whole Sinai Peninsula
 Israel: holding part of Sinai Peninsula for
national security
41

Focus on Interests, Not Positions
 interests
 Egypt:

sovereignty

 Israel:

national security

 Result:

returned the whole Sinai Peninsula
to Egypt and de-militarized large area for
security of Israel

42

Insist on using Objective Criteria

















I: Insurance Adjuster; T; Tom
I: We have studied your case and have decided the policy applies. That means you’re entitled
to a settlement of $6,600.
T: I see. How did you reach that figure?
I: That’s how much we decided the car was worth.
T: I understand, but what standard did you use to determine that amount? Do you know
where I can buy a comparable car for that much?
I: How much are you asking for?
T: Whatever I’m entitled to under the policy. I found a secondhand car just about like it for
$7,700. Adding eh sales and excise tax, it would come to about $8,000.
I: $8,000! That’s too much.
T: I’m not asking for $8,000 or $6,000 or $10,000, but for fair compensation. Do you agree that
it’s only fair I get enough to replace the car?
I: OK, I’ll offer you $7,000. That’s the highest I can go. Company policy.
T: How does the company figure that?
I: Look. $7,000 is all you’ll get. Take it or leave it.
T: $7,000 may be fair. I don’t know. I certainly understand your position if you’re bound by
company policy. But unless you can state objectively why that amount is what I’m entitled to, I
think I’ll do better in court. Why don’t we study the matter and talk again? Is Wednesday at
eleven a good time to talk?
….

43

Insist on using Objective Criteria















….
I: Ok, Mr. Griffith, I’ve got an adhere in today’s paper offering an ‘89 Taurus
for $6,800.
T: I see. What does it say about mileage?
I: 49,000. Why?
T: Because mine only had 25,000 miles. How many dollars does that increase
the worth in your book?
I: Let me see … $450.
T: Assuming the $6,800 as one possible base, that brings the figure to $7,250.
Does the ad say anything about a radio?
I: No.
T: How much extra for that in your book?
I: $125.
T: How much for air conditioning?
……
A half-hour later Tom walked out with a check for $8,024.
44


Slide 26

Negotiation

1

Outline
 standard

terms of negotiation

 examples

of negotiation

 David
 price

and Goliath

negotiation in a channel

 force-cost
a

reduction

company and a government

 preparation

and tactics of negotiation
2

Standard Terms in Negotiating

3

Negotiation


formal communication to seek mutual agreement


usually verbally



often between two sides



on sharing and allocation of resources, cost,
benefits, etc.



skills


required preparation



sharpened by practice
4

Terms in Negotiation
 BATNA

(best alternative to a negotiated
agreement) (底線)

 positions

(立場)

 interests

(利益)

 needs

(需要)

 wants

(願望)
5

Conditions to Use Negotiation
 expensive

operations



high-value, large-volume contract



complex technical requirements on product and
process, possibly evolving specifications



capital-intensive items, e.g., plant and equipment



special buyer-supplier relationship



important value-adding activities required from
suppler
6

Examples

7

Which Side Won?
 rental

negotiation

age
group size
status
company
Position in company

Party A
middle age
two, couple
landlord
local
owner

Party B
20’s
single
potential tenant
foreign
employee

8

Which Side Won?
 story
 potential

tenant slow in responding

 property

price gone up

 higher

rental expected by developers

9

Rental Contract Negotiation
by Mr. Stanley Yen
 Mr

Stanley Yen

 1971

June: started as a messenger in the
Taiwan branch of American Express (AET)

 1971

end: took care also general affairs of AET

…

 Now:

a living legend in tourism, management,
social welfare, …
10

Rental Contract Negotiation
by Mr. Stanley Yen


Mr. Yen, “How come you do this? As a custom of
foreign company, I recorded the agreed rental in a
memo.”



mutual respect that grew into long-term
employee-employer and then family-type
relationship



lessons


systematic



polite
11

Real-life Negotiation
with Suppliers

12

Examples of Price Negotiation


some general practice: 5th video clipping 00:14:20
to 00:20:20


depending on opponents




intellectual, traditional, personality

possessing information


BANTA and needs of opponents



market price, actual production cost



strengthen and BANTA of my company

13

Jose Ignacio Lopez
de Arriortua

14

Force-cost Reduction
 win-lose
 acting

strategy

personally, offensively, and emotionally

 demanding

 changing

immediate effect

existing contracts

 threatening

reduction or less no business

http://www.projectmagazine.com/monitoring-and-controlling/53cost/270-qforcedq-cost-reduction-how-to-respond
15

Deep Trouble of GM in Early 90’s

Michael H. Moffett and Willian E. Youngdahl (1999) Jose Ignacio Lopez de
Arriortua, Thunderbird International Business Review, 41(2) 179-194

16

Life of Jose Ignacio Lopez






doctorate in industrial engineering
196980: Firestone, Spain
198086: GM European operations, Spain
1986: GM’s Opel, Germany
1987: head of purchasing for Europe




work with Jack Smith to make GM Europe profitable

1992, April: VP of Worldwide purchasing of GM


Jack Smith as president of GM in Spring 92

18

New Rules in Purchasing
by Jose Ignacio Lopez
 new
 all

rules
supply contracts by bidding

a

minimum of 10 bids for a supply contract, at least
one not in north America

 no

favorable treatment of internal suppliers,
70% among all

 50%

productivity improvement by 1995

19

New Rules in Purchasing
by Jose Ignacio Lopez
 second

phase: sending GM teams to help
suppliers for improvement and cost
reduction

 mixed

results

 exemplary

in some, e.g., Siemens, reduction of
85% assembly line time; 95 percent of
inventory; 20% of cost

 not

sharing cost sharing in some cases
20

New Rules in Purchasing
by Jose Ignacio Lopez


forced changes of existing supplier contracts


renegotiation of five-year contract, e.g., cuts of supplier
price of 5%, 3%, 2%, 2%, 1% in the next five years



close working relationship with unions



taking proprietary designs from suppliers for open
bidding by other suppliers



sharing insufficient fixed development cost with
suppliers

21

New Rules in Purchasing
by Jose Ignacio Lopez
 results
 saving

$4 bill for GM

 poor

relationship and rating by suppliers

 some

suppliers out of business

 loss


of supplier loyalty in long term

not providing best product, nor best service

 switching

partners at opportunity

22

Concurrent
Chrysler Purchasing Policy
 long-term

partnership with suppliers

 criterion:

contribution to whole product
development and manufacturing process,
not only cost

 involving

suppliers right at the beginning

23

Contract Renegotiation with
*
the Chilean Government

http://www.negotiations.com/case/contract-renegotiation/
24

Contract Renegotiation with the
Chilean Government*




contract renegotiation over the El Teniente copper mine
in Chile in 1960’s
two parties: Kennecott, a U.S. company, and Chilean
government
background: national sentiment in Chile for foreign
companies to exploit its natural resource



overwhelmingly strong BATNA of the Chilean government
either tough financial terms or even expropriating the mine


enough local experts to manage the mine

25

Contract Renegotiation with the
Chilean Government*



What can be done by Kennecott?
a six-step win-win strategy that strengthens Kennecott’s position







1 selling a majority equity of the mining operation to the Chilean
government
2 divesting the fund into US banks; getting an outside loan, to expand the mining
operations (effect: better deal in re-negotiation)
3 having the Chilean government to guarantee the loan, with the guarantee
under the law of New York state
4 insuring as many as possible assets with U.S. backed guarantees (effect: reducing loss
in case of expropriation)
5 negotiating to sell output from expansion to clients in Europe and North
America (effect: diversifying customer base)
6 lastly selling the rights of the new contracts to a consortium of financial
institutions from Japan, the United States and Europe (effect: multi-party negotiation
in future contract renegotiation, with parties having other interests with the Chile
Government)

http://www.negotiations.com/case/contract-renegotiation/

26

Contract Renegotiation with the
Chilean Government
 final

remark: expropriation years later but
much better position for Kennecott in
negotiation

27

Preparation and Tactics
in Negotiating

28

Preparation for Negotiation
 identify

participants and set up a team

 develop

objectives

 e.g.,

price, quality, form of collaboration,
service level, long-term relationship

 gather

relevant information

 market

price, historical prices, actual cost of
supplier, history, financial strength, quality,
service level, management of supplier, possible
negotiator from supplier …
29

Preparation for Negotiation
 analyze

strengths & weaknesses for
suppliers and oneself
 for

both sides, e.g.,

 how

important is the supplier to us

 how

much time we have

 any

other backup supplier

 how

important is the order for the supplier

 financial

strength of the supplier
30

Preparation for Negotiation
 recognize
 deduce

 identify
 to

other party’s needs

real needs in others’ perspectives

common goals and facts agreed

simplify discussion

 identify

issues to discuss

 (potential)

differences between the two sides

31

Preparation for Negotiation
 establish
 develop
 brief

positions and BATNA

strategies and tactics

personnel

 practice

the negotiation

32

Tactics







argue based on facts
answer carefully
mind other side’s feeling
know the deadline
avoid trapping oneself in a
corner









e.g., “accept or no deal”

have courage to say no
start with lowest
start with highest
show honesty
take the initiative
listen



disappearance of key persons



never give up



fictitious competition


unethical



order issues



take a rest to cool down



check security



select venue



use threat



side track the issue



raise questions



keep silent
33

Concessions


give-and-take being common in negotiation



guidelines for making concessions


reserve room for concessions



first understand the other side’s needs and objectives



first to concede minor but not the first to concede major



portray unimportant concessions as valuable



fight before every concession
34

Concessions
 guidelines
 give,

for making concessions

and remember to take

 concede
 never

slowly and by little

reveal deadline

 say

“no” occasionally

 try

not to retrieve concessions

 record

of concessions
35

Power in Negotiation
power: the ability to influence
 sources of negotiating power


informational power: presenting relevant facts and
persuasive argument
 reward power
 coercive power
 legitimate power: credentials of experts
 referent power: socially acceptable personal qualities
and attributes, e.g., physical, honesty, charisma,
friendliness, sensitivity


36

Win-Win Negotiation


win-lose – competitive or distributive bargaining



win-win – collaboration or integrative bargaining


beneficial to both sides usually by increasing value or expanding
resources to all participants



equitable sharing of profit or cost



tactics


expand the pie



logroll



compensation for compliance



a bridge solution

37

Getting to Yes
Negotiating Agreement Without Giving In
By Roger Fisher & William Ury

38

Tips from the Book
 don’t

bargain over positions

 separate
 focus

on interests, not positions

 invent
 insist

the people from the problem

options for Mutual Gain

on using objective criteria

39

Don’t Bargain Over Positions


C: customer; S: Shopkeeper



C: How much do you want for this brass dish?



S: That is beautiful antique, isn’t it? I guess I could let it go for $75.



C: Oh come on, it’s dented. I’ll give you $15.



S: Really! I might consider a serious offer, but $15 is certainly isn’t serious.



C: Well, I could to to $20, but I would never pay anything like $75. Quote me a realistic price.



S: You rive a hard bargain, young lady. $60 cash, right now.



C: $25.



S: It cost me a great deal more than that. Make me a serious offer.



C: $37.50. That’s the highest I will go.



S: Have you noticed the engraving on that dish? Next year pieces like that will be worth twice
what you pay today.

40

Focus on Interests, Not Positions
 Negotiation

between Egypt and Israel at
Camp David in 1879
 Egyptian Sinai Peninsula occupied by Israel
since the Six Day War in 1967
 Positions
 Egypt:

getting back whole Sinai Peninsula
 Israel: holding part of Sinai Peninsula for
national security
41

Focus on Interests, Not Positions
 interests
 Egypt:

sovereignty

 Israel:

national security

 Result:

returned the whole Sinai Peninsula
to Egypt and de-militarized large area for
security of Israel

42

Insist on using Objective Criteria

















I: Insurance Adjuster; T; Tom
I: We have studied your case and have decided the policy applies. That means you’re entitled
to a settlement of $6,600.
T: I see. How did you reach that figure?
I: That’s how much we decided the car was worth.
T: I understand, but what standard did you use to determine that amount? Do you know
where I can buy a comparable car for that much?
I: How much are you asking for?
T: Whatever I’m entitled to under the policy. I found a secondhand car just about like it for
$7,700. Adding eh sales and excise tax, it would come to about $8,000.
I: $8,000! That’s too much.
T: I’m not asking for $8,000 or $6,000 or $10,000, but for fair compensation. Do you agree that
it’s only fair I get enough to replace the car?
I: OK, I’ll offer you $7,000. That’s the highest I can go. Company policy.
T: How does the company figure that?
I: Look. $7,000 is all you’ll get. Take it or leave it.
T: $7,000 may be fair. I don’t know. I certainly understand your position if you’re bound by
company policy. But unless you can state objectively why that amount is what I’m entitled to, I
think I’ll do better in court. Why don’t we study the matter and talk again? Is Wednesday at
eleven a good time to talk?
….

43

Insist on using Objective Criteria















….
I: Ok, Mr. Griffith, I’ve got an adhere in today’s paper offering an ‘89 Taurus
for $6,800.
T: I see. What does it say about mileage?
I: 49,000. Why?
T: Because mine only had 25,000 miles. How many dollars does that increase
the worth in your book?
I: Let me see … $450.
T: Assuming the $6,800 as one possible base, that brings the figure to $7,250.
Does the ad say anything about a radio?
I: No.
T: How much extra for that in your book?
I: $125.
T: How much for air conditioning?
……
A half-hour later Tom walked out with a check for $8,024.
44


Slide 27

Negotiation

1

Outline
 standard

terms of negotiation

 examples

of negotiation

 David
 price

and Goliath

negotiation in a channel

 force-cost
a

reduction

company and a government

 preparation

and tactics of negotiation
2

Standard Terms in Negotiating

3

Negotiation


formal communication to seek mutual agreement


usually verbally



often between two sides



on sharing and allocation of resources, cost,
benefits, etc.



skills


required preparation



sharpened by practice
4

Terms in Negotiation
 BATNA

(best alternative to a negotiated
agreement) (底線)

 positions

(立場)

 interests

(利益)

 needs

(需要)

 wants

(願望)
5

Conditions to Use Negotiation
 expensive

operations



high-value, large-volume contract



complex technical requirements on product and
process, possibly evolving specifications



capital-intensive items, e.g., plant and equipment



special buyer-supplier relationship



important value-adding activities required from
suppler
6

Examples

7

Which Side Won?
 rental

negotiation

age
group size
status
company
Position in company

Party A
middle age
two, couple
landlord
local
owner

Party B
20’s
single
potential tenant
foreign
employee

8

Which Side Won?
 story
 potential

tenant slow in responding

 property

price gone up

 higher

rental expected by developers

9

Rental Contract Negotiation
by Mr. Stanley Yen
 Mr

Stanley Yen

 1971

June: started as a messenger in the
Taiwan branch of American Express (AET)

 1971

end: took care also general affairs of AET

…

 Now:

a living legend in tourism, management,
social welfare, …
10

Rental Contract Negotiation
by Mr. Stanley Yen


Mr. Yen, “How come you do this? As a custom of
foreign company, I recorded the agreed rental in a
memo.”



mutual respect that grew into long-term
employee-employer and then family-type
relationship



lessons


systematic



polite
11

Real-life Negotiation
with Suppliers

12

Examples of Price Negotiation


some general practice: 5th video clipping 00:14:20
to 00:20:20


depending on opponents




intellectual, traditional, personality

possessing information


BANTA and needs of opponents



market price, actual production cost



strengthen and BANTA of my company

13

Jose Ignacio Lopez
de Arriortua

14

Force-cost Reduction
 win-lose
 acting

strategy

personally, offensively, and emotionally

 demanding

 changing

immediate effect

existing contracts

 threatening

reduction or less no business

http://www.projectmagazine.com/monitoring-and-controlling/53cost/270-qforcedq-cost-reduction-how-to-respond
15

Deep Trouble of GM in Early 90’s

Michael H. Moffett and Willian E. Youngdahl (1999) Jose Ignacio Lopez de
Arriortua, Thunderbird International Business Review, 41(2) 179-194

16

Life of Jose Ignacio Lopez






doctorate in industrial engineering
196980: Firestone, Spain
198086: GM European operations, Spain
1986: GM’s Opel, Germany
1987: head of purchasing for Europe




work with Jack Smith to make GM Europe profitable

1992, April: VP of Worldwide purchasing of GM


Jack Smith as president of GM in Spring 92

18

New Rules in Purchasing
by Jose Ignacio Lopez
 new
 all

rules
supply contracts by bidding

a

minimum of 10 bids for a supply contract, at least
one not in north America

 no

favorable treatment of internal suppliers,
70% among all

 50%

productivity improvement by 1995

19

New Rules in Purchasing
by Jose Ignacio Lopez
 second

phase: sending GM teams to help
suppliers for improvement and cost
reduction

 mixed

results

 exemplary

in some, e.g., Siemens, reduction of
85% assembly line time; 95 percent of
inventory; 20% of cost

 not

sharing cost sharing in some cases
20

New Rules in Purchasing
by Jose Ignacio Lopez


forced changes of existing supplier contracts


renegotiation of five-year contract, e.g., cuts of supplier
price of 5%, 3%, 2%, 2%, 1% in the next five years



close working relationship with unions



taking proprietary designs from suppliers for open
bidding by other suppliers



sharing insufficient fixed development cost with
suppliers

21

New Rules in Purchasing
by Jose Ignacio Lopez
 results
 saving

$4 bill for GM

 poor

relationship and rating by suppliers

 some

suppliers out of business

 loss


of supplier loyalty in long term

not providing best product, nor best service

 switching

partners at opportunity

22

Concurrent
Chrysler Purchasing Policy
 long-term

partnership with suppliers

 criterion:

contribution to whole product
development and manufacturing process,
not only cost

 involving

suppliers right at the beginning

23

Contract Renegotiation with
*
the Chilean Government

http://www.negotiations.com/case/contract-renegotiation/
24

Contract Renegotiation with the
Chilean Government*




contract renegotiation over the El Teniente copper mine
in Chile in 1960’s
two parties: Kennecott, a U.S. company, and Chilean
government
background: national sentiment in Chile for foreign
companies to exploit its natural resource



overwhelmingly strong BATNA of the Chilean government
either tough financial terms or even expropriating the mine


enough local experts to manage the mine

25

Contract Renegotiation with the
Chilean Government*



What can be done by Kennecott?
a six-step win-win strategy that strengthens Kennecott’s position







1 selling a majority equity of the mining operation to the Chilean
government
2 divesting the fund into US banks; getting an outside loan, to expand the mining
operations (effect: better deal in re-negotiation)
3 having the Chilean government to guarantee the loan, with the guarantee
under the law of New York state
4 insuring as many as possible assets with U.S. backed guarantees (effect: reducing loss
in case of expropriation)
5 negotiating to sell output from expansion to clients in Europe and North
America (effect: diversifying customer base)
6 lastly selling the rights of the new contracts to a consortium of financial
institutions from Japan, the United States and Europe (effect: multi-party negotiation
in future contract renegotiation, with parties having other interests with the Chile
Government)

http://www.negotiations.com/case/contract-renegotiation/

26

Contract Renegotiation with the
Chilean Government
 final

remark: expropriation years later but
much better position for Kennecott in
negotiation

27

Preparation and Tactics
in Negotiating

28

Preparation for Negotiation
 identify

participants and set up a team

 develop

objectives

 e.g.,

price, quality, form of collaboration,
service level, long-term relationship

 gather

relevant information

 market

price, historical prices, actual cost of
supplier, history, financial strength, quality,
service level, management of supplier, possible
negotiator from supplier …
29

Preparation for Negotiation
 analyze

strengths & weaknesses for
suppliers and oneself
 for

both sides, e.g.,

 how

important is the supplier to us

 how

much time we have

 any

other backup supplier

 how

important is the order for the supplier

 financial

strength of the supplier
30

Preparation for Negotiation
 recognize
 deduce

 identify
 to

other party’s needs

real needs in others’ perspectives

common goals and facts agreed

simplify discussion

 identify

issues to discuss

 (potential)

differences between the two sides

31

Preparation for Negotiation
 establish
 develop
 brief

positions and BATNA

strategies and tactics

personnel

 practice

the negotiation

32

Tactics







argue based on facts
answer carefully
mind other side’s feeling
know the deadline
avoid trapping oneself in a
corner









e.g., “accept or no deal”

have courage to say no
start with lowest
start with highest
show honesty
take the initiative
listen



disappearance of key persons



never give up



fictitious competition


unethical



order issues



take a rest to cool down



check security



select venue



use threat



side track the issue



raise questions



keep silent
33

Concessions


give-and-take being common in negotiation



guidelines for making concessions


reserve room for concessions



first understand the other side’s needs and objectives



first to concede minor but not the first to concede major



portray unimportant concessions as valuable



fight before every concession
34

Concessions
 guidelines
 give,

for making concessions

and remember to take

 concede
 never

slowly and by little

reveal deadline

 say

“no” occasionally

 try

not to retrieve concessions

 record

of concessions
35

Power in Negotiation
power: the ability to influence
 sources of negotiating power


informational power: presenting relevant facts and
persuasive argument
 reward power
 coercive power
 legitimate power: credentials of experts
 referent power: socially acceptable personal qualities
and attributes, e.g., physical, honesty, charisma,
friendliness, sensitivity


36

Win-Win Negotiation


win-lose – competitive or distributive bargaining



win-win – collaboration or integrative bargaining


beneficial to both sides usually by increasing value or expanding
resources to all participants



equitable sharing of profit or cost



tactics


expand the pie



logroll



compensation for compliance



a bridge solution

37

Getting to Yes
Negotiating Agreement Without Giving In
By Roger Fisher & William Ury

38

Tips from the Book
 don’t

bargain over positions

 separate
 focus

on interests, not positions

 invent
 insist

the people from the problem

options for Mutual Gain

on using objective criteria

39

Don’t Bargain Over Positions


C: customer; S: Shopkeeper



C: How much do you want for this brass dish?



S: That is beautiful antique, isn’t it? I guess I could let it go for $75.



C: Oh come on, it’s dented. I’ll give you $15.



S: Really! I might consider a serious offer, but $15 is certainly isn’t serious.



C: Well, I could to to $20, but I would never pay anything like $75. Quote me a realistic price.



S: You rive a hard bargain, young lady. $60 cash, right now.



C: $25.



S: It cost me a great deal more than that. Make me a serious offer.



C: $37.50. That’s the highest I will go.



S: Have you noticed the engraving on that dish? Next year pieces like that will be worth twice
what you pay today.

40

Focus on Interests, Not Positions
 Negotiation

between Egypt and Israel at
Camp David in 1879
 Egyptian Sinai Peninsula occupied by Israel
since the Six Day War in 1967
 Positions
 Egypt:

getting back whole Sinai Peninsula
 Israel: holding part of Sinai Peninsula for
national security
41

Focus on Interests, Not Positions
 interests
 Egypt:

sovereignty

 Israel:

national security

 Result:

returned the whole Sinai Peninsula
to Egypt and de-militarized large area for
security of Israel

42

Insist on using Objective Criteria

















I: Insurance Adjuster; T; Tom
I: We have studied your case and have decided the policy applies. That means you’re entitled
to a settlement of $6,600.
T: I see. How did you reach that figure?
I: That’s how much we decided the car was worth.
T: I understand, but what standard did you use to determine that amount? Do you know
where I can buy a comparable car for that much?
I: How much are you asking for?
T: Whatever I’m entitled to under the policy. I found a secondhand car just about like it for
$7,700. Adding eh sales and excise tax, it would come to about $8,000.
I: $8,000! That’s too much.
T: I’m not asking for $8,000 or $6,000 or $10,000, but for fair compensation. Do you agree that
it’s only fair I get enough to replace the car?
I: OK, I’ll offer you $7,000. That’s the highest I can go. Company policy.
T: How does the company figure that?
I: Look. $7,000 is all you’ll get. Take it or leave it.
T: $7,000 may be fair. I don’t know. I certainly understand your position if you’re bound by
company policy. But unless you can state objectively why that amount is what I’m entitled to, I
think I’ll do better in court. Why don’t we study the matter and talk again? Is Wednesday at
eleven a good time to talk?
….

43

Insist on using Objective Criteria















….
I: Ok, Mr. Griffith, I’ve got an adhere in today’s paper offering an ‘89 Taurus
for $6,800.
T: I see. What does it say about mileage?
I: 49,000. Why?
T: Because mine only had 25,000 miles. How many dollars does that increase
the worth in your book?
I: Let me see … $450.
T: Assuming the $6,800 as one possible base, that brings the figure to $7,250.
Does the ad say anything about a radio?
I: No.
T: How much extra for that in your book?
I: $125.
T: How much for air conditioning?
……
A half-hour later Tom walked out with a check for $8,024.
44


Slide 28

Negotiation

1

Outline
 standard

terms of negotiation

 examples

of negotiation

 David
 price

and Goliath

negotiation in a channel

 force-cost
a

reduction

company and a government

 preparation

and tactics of negotiation
2

Standard Terms in Negotiating

3

Negotiation


formal communication to seek mutual agreement


usually verbally



often between two sides



on sharing and allocation of resources, cost,
benefits, etc.



skills


required preparation



sharpened by practice
4

Terms in Negotiation
 BATNA

(best alternative to a negotiated
agreement) (底線)

 positions

(立場)

 interests

(利益)

 needs

(需要)

 wants

(願望)
5

Conditions to Use Negotiation
 expensive

operations



high-value, large-volume contract



complex technical requirements on product and
process, possibly evolving specifications



capital-intensive items, e.g., plant and equipment



special buyer-supplier relationship



important value-adding activities required from
suppler
6

Examples

7

Which Side Won?
 rental

negotiation

age
group size
status
company
Position in company

Party A
middle age
two, couple
landlord
local
owner

Party B
20’s
single
potential tenant
foreign
employee

8

Which Side Won?
 story
 potential

tenant slow in responding

 property

price gone up

 higher

rental expected by developers

9

Rental Contract Negotiation
by Mr. Stanley Yen
 Mr

Stanley Yen

 1971

June: started as a messenger in the
Taiwan branch of American Express (AET)

 1971

end: took care also general affairs of AET

…

 Now:

a living legend in tourism, management,
social welfare, …
10

Rental Contract Negotiation
by Mr. Stanley Yen


Mr. Yen, “How come you do this? As a custom of
foreign company, I recorded the agreed rental in a
memo.”



mutual respect that grew into long-term
employee-employer and then family-type
relationship



lessons


systematic



polite
11

Real-life Negotiation
with Suppliers

12

Examples of Price Negotiation


some general practice: 5th video clipping 00:14:20
to 00:20:20


depending on opponents




intellectual, traditional, personality

possessing information


BANTA and needs of opponents



market price, actual production cost



strengthen and BANTA of my company

13

Jose Ignacio Lopez
de Arriortua

14

Force-cost Reduction
 win-lose
 acting

strategy

personally, offensively, and emotionally

 demanding

 changing

immediate effect

existing contracts

 threatening

reduction or less no business

http://www.projectmagazine.com/monitoring-and-controlling/53cost/270-qforcedq-cost-reduction-how-to-respond
15

Deep Trouble of GM in Early 90’s

Michael H. Moffett and Willian E. Youngdahl (1999) Jose Ignacio Lopez de
Arriortua, Thunderbird International Business Review, 41(2) 179-194

16

Life of Jose Ignacio Lopez






doctorate in industrial engineering
196980: Firestone, Spain
198086: GM European operations, Spain
1986: GM’s Opel, Germany
1987: head of purchasing for Europe




work with Jack Smith to make GM Europe profitable

1992, April: VP of Worldwide purchasing of GM


Jack Smith as president of GM in Spring 92

18

New Rules in Purchasing
by Jose Ignacio Lopez
 new
 all

rules
supply contracts by bidding

a

minimum of 10 bids for a supply contract, at least
one not in north America

 no

favorable treatment of internal suppliers,
70% among all

 50%

productivity improvement by 1995

19

New Rules in Purchasing
by Jose Ignacio Lopez
 second

phase: sending GM teams to help
suppliers for improvement and cost
reduction

 mixed

results

 exemplary

in some, e.g., Siemens, reduction of
85% assembly line time; 95 percent of
inventory; 20% of cost

 not

sharing cost sharing in some cases
20

New Rules in Purchasing
by Jose Ignacio Lopez


forced changes of existing supplier contracts


renegotiation of five-year contract, e.g., cuts of supplier
price of 5%, 3%, 2%, 2%, 1% in the next five years



close working relationship with unions



taking proprietary designs from suppliers for open
bidding by other suppliers



sharing insufficient fixed development cost with
suppliers

21

New Rules in Purchasing
by Jose Ignacio Lopez
 results
 saving

$4 bill for GM

 poor

relationship and rating by suppliers

 some

suppliers out of business

 loss


of supplier loyalty in long term

not providing best product, nor best service

 switching

partners at opportunity

22

Concurrent
Chrysler Purchasing Policy
 long-term

partnership with suppliers

 criterion:

contribution to whole product
development and manufacturing process,
not only cost

 involving

suppliers right at the beginning

23

Contract Renegotiation with
*
the Chilean Government

http://www.negotiations.com/case/contract-renegotiation/
24

Contract Renegotiation with the
Chilean Government*




contract renegotiation over the El Teniente copper mine
in Chile in 1960’s
two parties: Kennecott, a U.S. company, and Chilean
government
background: national sentiment in Chile for foreign
companies to exploit its natural resource



overwhelmingly strong BATNA of the Chilean government
either tough financial terms or even expropriating the mine


enough local experts to manage the mine

25

Contract Renegotiation with the
Chilean Government*



What can be done by Kennecott?
a six-step win-win strategy that strengthens Kennecott’s position







1 selling a majority equity of the mining operation to the Chilean
government
2 divesting the fund into US banks; getting an outside loan, to expand the mining
operations (effect: better deal in re-negotiation)
3 having the Chilean government to guarantee the loan, with the guarantee
under the law of New York state
4 insuring as many as possible assets with U.S. backed guarantees (effect: reducing loss
in case of expropriation)
5 negotiating to sell output from expansion to clients in Europe and North
America (effect: diversifying customer base)
6 lastly selling the rights of the new contracts to a consortium of financial
institutions from Japan, the United States and Europe (effect: multi-party negotiation
in future contract renegotiation, with parties having other interests with the Chile
Government)

http://www.negotiations.com/case/contract-renegotiation/

26

Contract Renegotiation with the
Chilean Government
 final

remark: expropriation years later but
much better position for Kennecott in
negotiation

27

Preparation and Tactics
in Negotiating

28

Preparation for Negotiation
 identify

participants and set up a team

 develop

objectives

 e.g.,

price, quality, form of collaboration,
service level, long-term relationship

 gather

relevant information

 market

price, historical prices, actual cost of
supplier, history, financial strength, quality,
service level, management of supplier, possible
negotiator from supplier …
29

Preparation for Negotiation
 analyze

strengths & weaknesses for
suppliers and oneself
 for

both sides, e.g.,

 how

important is the supplier to us

 how

much time we have

 any

other backup supplier

 how

important is the order for the supplier

 financial

strength of the supplier
30

Preparation for Negotiation
 recognize
 deduce

 identify
 to

other party’s needs

real needs in others’ perspectives

common goals and facts agreed

simplify discussion

 identify

issues to discuss

 (potential)

differences between the two sides

31

Preparation for Negotiation
 establish
 develop
 brief

positions and BATNA

strategies and tactics

personnel

 practice

the negotiation

32

Tactics







argue based on facts
answer carefully
mind other side’s feeling
know the deadline
avoid trapping oneself in a
corner









e.g., “accept or no deal”

have courage to say no
start with lowest
start with highest
show honesty
take the initiative
listen



disappearance of key persons



never give up



fictitious competition


unethical



order issues



take a rest to cool down



check security



select venue



use threat



side track the issue



raise questions



keep silent
33

Concessions


give-and-take being common in negotiation



guidelines for making concessions


reserve room for concessions



first understand the other side’s needs and objectives



first to concede minor but not the first to concede major



portray unimportant concessions as valuable



fight before every concession
34

Concessions
 guidelines
 give,

for making concessions

and remember to take

 concede
 never

slowly and by little

reveal deadline

 say

“no” occasionally

 try

not to retrieve concessions

 record

of concessions
35

Power in Negotiation
power: the ability to influence
 sources of negotiating power


informational power: presenting relevant facts and
persuasive argument
 reward power
 coercive power
 legitimate power: credentials of experts
 referent power: socially acceptable personal qualities
and attributes, e.g., physical, honesty, charisma,
friendliness, sensitivity


36

Win-Win Negotiation


win-lose – competitive or distributive bargaining



win-win – collaboration or integrative bargaining


beneficial to both sides usually by increasing value or expanding
resources to all participants



equitable sharing of profit or cost



tactics


expand the pie



logroll



compensation for compliance



a bridge solution

37

Getting to Yes
Negotiating Agreement Without Giving In
By Roger Fisher & William Ury

38

Tips from the Book
 don’t

bargain over positions

 separate
 focus

on interests, not positions

 invent
 insist

the people from the problem

options for Mutual Gain

on using objective criteria

39

Don’t Bargain Over Positions


C: customer; S: Shopkeeper



C: How much do you want for this brass dish?



S: That is beautiful antique, isn’t it? I guess I could let it go for $75.



C: Oh come on, it’s dented. I’ll give you $15.



S: Really! I might consider a serious offer, but $15 is certainly isn’t serious.



C: Well, I could to to $20, but I would never pay anything like $75. Quote me a realistic price.



S: You rive a hard bargain, young lady. $60 cash, right now.



C: $25.



S: It cost me a great deal more than that. Make me a serious offer.



C: $37.50. That’s the highest I will go.



S: Have you noticed the engraving on that dish? Next year pieces like that will be worth twice
what you pay today.

40

Focus on Interests, Not Positions
 Negotiation

between Egypt and Israel at
Camp David in 1879
 Egyptian Sinai Peninsula occupied by Israel
since the Six Day War in 1967
 Positions
 Egypt:

getting back whole Sinai Peninsula
 Israel: holding part of Sinai Peninsula for
national security
41

Focus on Interests, Not Positions
 interests
 Egypt:

sovereignty

 Israel:

national security

 Result:

returned the whole Sinai Peninsula
to Egypt and de-militarized large area for
security of Israel

42

Insist on using Objective Criteria

















I: Insurance Adjuster; T; Tom
I: We have studied your case and have decided the policy applies. That means you’re entitled
to a settlement of $6,600.
T: I see. How did you reach that figure?
I: That’s how much we decided the car was worth.
T: I understand, but what standard did you use to determine that amount? Do you know
where I can buy a comparable car for that much?
I: How much are you asking for?
T: Whatever I’m entitled to under the policy. I found a secondhand car just about like it for
$7,700. Adding eh sales and excise tax, it would come to about $8,000.
I: $8,000! That’s too much.
T: I’m not asking for $8,000 or $6,000 or $10,000, but for fair compensation. Do you agree that
it’s only fair I get enough to replace the car?
I: OK, I’ll offer you $7,000. That’s the highest I can go. Company policy.
T: How does the company figure that?
I: Look. $7,000 is all you’ll get. Take it or leave it.
T: $7,000 may be fair. I don’t know. I certainly understand your position if you’re bound by
company policy. But unless you can state objectively why that amount is what I’m entitled to, I
think I’ll do better in court. Why don’t we study the matter and talk again? Is Wednesday at
eleven a good time to talk?
….

43

Insist on using Objective Criteria















….
I: Ok, Mr. Griffith, I’ve got an adhere in today’s paper offering an ‘89 Taurus
for $6,800.
T: I see. What does it say about mileage?
I: 49,000. Why?
T: Because mine only had 25,000 miles. How many dollars does that increase
the worth in your book?
I: Let me see … $450.
T: Assuming the $6,800 as one possible base, that brings the figure to $7,250.
Does the ad say anything about a radio?
I: No.
T: How much extra for that in your book?
I: $125.
T: How much for air conditioning?
……
A half-hour later Tom walked out with a check for $8,024.
44


Slide 29

Negotiation

1

Outline
 standard

terms of negotiation

 examples

of negotiation

 David
 price

and Goliath

negotiation in a channel

 force-cost
a

reduction

company and a government

 preparation

and tactics of negotiation
2

Standard Terms in Negotiating

3

Negotiation


formal communication to seek mutual agreement


usually verbally



often between two sides



on sharing and allocation of resources, cost,
benefits, etc.



skills


required preparation



sharpened by practice
4

Terms in Negotiation
 BATNA

(best alternative to a negotiated
agreement) (底線)

 positions

(立場)

 interests

(利益)

 needs

(需要)

 wants

(願望)
5

Conditions to Use Negotiation
 expensive

operations



high-value, large-volume contract



complex technical requirements on product and
process, possibly evolving specifications



capital-intensive items, e.g., plant and equipment



special buyer-supplier relationship



important value-adding activities required from
suppler
6

Examples

7

Which Side Won?
 rental

negotiation

age
group size
status
company
Position in company

Party A
middle age
two, couple
landlord
local
owner

Party B
20’s
single
potential tenant
foreign
employee

8

Which Side Won?
 story
 potential

tenant slow in responding

 property

price gone up

 higher

rental expected by developers

9

Rental Contract Negotiation
by Mr. Stanley Yen
 Mr

Stanley Yen

 1971

June: started as a messenger in the
Taiwan branch of American Express (AET)

 1971

end: took care also general affairs of AET

…

 Now:

a living legend in tourism, management,
social welfare, …
10

Rental Contract Negotiation
by Mr. Stanley Yen


Mr. Yen, “How come you do this? As a custom of
foreign company, I recorded the agreed rental in a
memo.”



mutual respect that grew into long-term
employee-employer and then family-type
relationship



lessons


systematic



polite
11

Real-life Negotiation
with Suppliers

12

Examples of Price Negotiation


some general practice: 5th video clipping 00:14:20
to 00:20:20


depending on opponents




intellectual, traditional, personality

possessing information


BANTA and needs of opponents



market price, actual production cost



strengthen and BANTA of my company

13

Jose Ignacio Lopez
de Arriortua

14

Force-cost Reduction
 win-lose
 acting

strategy

personally, offensively, and emotionally

 demanding

 changing

immediate effect

existing contracts

 threatening

reduction or less no business

http://www.projectmagazine.com/monitoring-and-controlling/53cost/270-qforcedq-cost-reduction-how-to-respond
15

Deep Trouble of GM in Early 90’s

Michael H. Moffett and Willian E. Youngdahl (1999) Jose Ignacio Lopez de
Arriortua, Thunderbird International Business Review, 41(2) 179-194

16

Life of Jose Ignacio Lopez






doctorate in industrial engineering
196980: Firestone, Spain
198086: GM European operations, Spain
1986: GM’s Opel, Germany
1987: head of purchasing for Europe




work with Jack Smith to make GM Europe profitable

1992, April: VP of Worldwide purchasing of GM


Jack Smith as president of GM in Spring 92

18

New Rules in Purchasing
by Jose Ignacio Lopez
 new
 all

rules
supply contracts by bidding

a

minimum of 10 bids for a supply contract, at least
one not in north America

 no

favorable treatment of internal suppliers,
70% among all

 50%

productivity improvement by 1995

19

New Rules in Purchasing
by Jose Ignacio Lopez
 second

phase: sending GM teams to help
suppliers for improvement and cost
reduction

 mixed

results

 exemplary

in some, e.g., Siemens, reduction of
85% assembly line time; 95 percent of
inventory; 20% of cost

 not

sharing cost sharing in some cases
20

New Rules in Purchasing
by Jose Ignacio Lopez


forced changes of existing supplier contracts


renegotiation of five-year contract, e.g., cuts of supplier
price of 5%, 3%, 2%, 2%, 1% in the next five years



close working relationship with unions



taking proprietary designs from suppliers for open
bidding by other suppliers



sharing insufficient fixed development cost with
suppliers

21

New Rules in Purchasing
by Jose Ignacio Lopez
 results
 saving

$4 bill for GM

 poor

relationship and rating by suppliers

 some

suppliers out of business

 loss


of supplier loyalty in long term

not providing best product, nor best service

 switching

partners at opportunity

22

Concurrent
Chrysler Purchasing Policy
 long-term

partnership with suppliers

 criterion:

contribution to whole product
development and manufacturing process,
not only cost

 involving

suppliers right at the beginning

23

Contract Renegotiation with
*
the Chilean Government

http://www.negotiations.com/case/contract-renegotiation/
24

Contract Renegotiation with the
Chilean Government*




contract renegotiation over the El Teniente copper mine
in Chile in 1960’s
two parties: Kennecott, a U.S. company, and Chilean
government
background: national sentiment in Chile for foreign
companies to exploit its natural resource



overwhelmingly strong BATNA of the Chilean government
either tough financial terms or even expropriating the mine


enough local experts to manage the mine

25

Contract Renegotiation with the
Chilean Government*



What can be done by Kennecott?
a six-step win-win strategy that strengthens Kennecott’s position







1 selling a majority equity of the mining operation to the Chilean
government
2 divesting the fund into US banks; getting an outside loan, to expand the mining
operations (effect: better deal in re-negotiation)
3 having the Chilean government to guarantee the loan, with the guarantee
under the law of New York state
4 insuring as many as possible assets with U.S. backed guarantees (effect: reducing loss
in case of expropriation)
5 negotiating to sell output from expansion to clients in Europe and North
America (effect: diversifying customer base)
6 lastly selling the rights of the new contracts to a consortium of financial
institutions from Japan, the United States and Europe (effect: multi-party negotiation
in future contract renegotiation, with parties having other interests with the Chile
Government)

http://www.negotiations.com/case/contract-renegotiation/

26

Contract Renegotiation with the
Chilean Government
 final

remark: expropriation years later but
much better position for Kennecott in
negotiation

27

Preparation and Tactics
in Negotiating

28

Preparation for Negotiation
 identify

participants and set up a team

 develop

objectives

 e.g.,

price, quality, form of collaboration,
service level, long-term relationship

 gather

relevant information

 market

price, historical prices, actual cost of
supplier, history, financial strength, quality,
service level, management of supplier, possible
negotiator from supplier …
29

Preparation for Negotiation
 analyze

strengths & weaknesses for
suppliers and oneself
 for

both sides, e.g.,

 how

important is the supplier to us

 how

much time we have

 any

other backup supplier

 how

important is the order for the supplier

 financial

strength of the supplier
30

Preparation for Negotiation
 recognize
 deduce

 identify
 to

other party’s needs

real needs in others’ perspectives

common goals and facts agreed

simplify discussion

 identify

issues to discuss

 (potential)

differences between the two sides

31

Preparation for Negotiation
 establish
 develop
 brief

positions and BATNA

strategies and tactics

personnel

 practice

the negotiation

32

Tactics







argue based on facts
answer carefully
mind other side’s feeling
know the deadline
avoid trapping oneself in a
corner









e.g., “accept or no deal”

have courage to say no
start with lowest
start with highest
show honesty
take the initiative
listen



disappearance of key persons



never give up



fictitious competition


unethical



order issues



take a rest to cool down



check security



select venue



use threat



side track the issue



raise questions



keep silent
33

Concessions


give-and-take being common in negotiation



guidelines for making concessions


reserve room for concessions



first understand the other side’s needs and objectives



first to concede minor but not the first to concede major



portray unimportant concessions as valuable



fight before every concession
34

Concessions
 guidelines
 give,

for making concessions

and remember to take

 concede
 never

slowly and by little

reveal deadline

 say

“no” occasionally

 try

not to retrieve concessions

 record

of concessions
35

Power in Negotiation
power: the ability to influence
 sources of negotiating power


informational power: presenting relevant facts and
persuasive argument
 reward power
 coercive power
 legitimate power: credentials of experts
 referent power: socially acceptable personal qualities
and attributes, e.g., physical, honesty, charisma,
friendliness, sensitivity


36

Win-Win Negotiation


win-lose – competitive or distributive bargaining



win-win – collaboration or integrative bargaining


beneficial to both sides usually by increasing value or expanding
resources to all participants



equitable sharing of profit or cost



tactics


expand the pie



logroll



compensation for compliance



a bridge solution

37

Getting to Yes
Negotiating Agreement Without Giving In
By Roger Fisher & William Ury

38

Tips from the Book
 don’t

bargain over positions

 separate
 focus

on interests, not positions

 invent
 insist

the people from the problem

options for Mutual Gain

on using objective criteria

39

Don’t Bargain Over Positions


C: customer; S: Shopkeeper



C: How much do you want for this brass dish?



S: That is beautiful antique, isn’t it? I guess I could let it go for $75.



C: Oh come on, it’s dented. I’ll give you $15.



S: Really! I might consider a serious offer, but $15 is certainly isn’t serious.



C: Well, I could to to $20, but I would never pay anything like $75. Quote me a realistic price.



S: You rive a hard bargain, young lady. $60 cash, right now.



C: $25.



S: It cost me a great deal more than that. Make me a serious offer.



C: $37.50. That’s the highest I will go.



S: Have you noticed the engraving on that dish? Next year pieces like that will be worth twice
what you pay today.

40

Focus on Interests, Not Positions
 Negotiation

between Egypt and Israel at
Camp David in 1879
 Egyptian Sinai Peninsula occupied by Israel
since the Six Day War in 1967
 Positions
 Egypt:

getting back whole Sinai Peninsula
 Israel: holding part of Sinai Peninsula for
national security
41

Focus on Interests, Not Positions
 interests
 Egypt:

sovereignty

 Israel:

national security

 Result:

returned the whole Sinai Peninsula
to Egypt and de-militarized large area for
security of Israel

42

Insist on using Objective Criteria

















I: Insurance Adjuster; T; Tom
I: We have studied your case and have decided the policy applies. That means you’re entitled
to a settlement of $6,600.
T: I see. How did you reach that figure?
I: That’s how much we decided the car was worth.
T: I understand, but what standard did you use to determine that amount? Do you know
where I can buy a comparable car for that much?
I: How much are you asking for?
T: Whatever I’m entitled to under the policy. I found a secondhand car just about like it for
$7,700. Adding eh sales and excise tax, it would come to about $8,000.
I: $8,000! That’s too much.
T: I’m not asking for $8,000 or $6,000 or $10,000, but for fair compensation. Do you agree that
it’s only fair I get enough to replace the car?
I: OK, I’ll offer you $7,000. That’s the highest I can go. Company policy.
T: How does the company figure that?
I: Look. $7,000 is all you’ll get. Take it or leave it.
T: $7,000 may be fair. I don’t know. I certainly understand your position if you’re bound by
company policy. But unless you can state objectively why that amount is what I’m entitled to, I
think I’ll do better in court. Why don’t we study the matter and talk again? Is Wednesday at
eleven a good time to talk?
….

43

Insist on using Objective Criteria















….
I: Ok, Mr. Griffith, I’ve got an adhere in today’s paper offering an ‘89 Taurus
for $6,800.
T: I see. What does it say about mileage?
I: 49,000. Why?
T: Because mine only had 25,000 miles. How many dollars does that increase
the worth in your book?
I: Let me see … $450.
T: Assuming the $6,800 as one possible base, that brings the figure to $7,250.
Does the ad say anything about a radio?
I: No.
T: How much extra for that in your book?
I: $125.
T: How much for air conditioning?
……
A half-hour later Tom walked out with a check for $8,024.
44


Slide 30

Negotiation

1

Outline
 standard

terms of negotiation

 examples

of negotiation

 David
 price

and Goliath

negotiation in a channel

 force-cost
a

reduction

company and a government

 preparation

and tactics of negotiation
2

Standard Terms in Negotiating

3

Negotiation


formal communication to seek mutual agreement


usually verbally



often between two sides



on sharing and allocation of resources, cost,
benefits, etc.



skills


required preparation



sharpened by practice
4

Terms in Negotiation
 BATNA

(best alternative to a negotiated
agreement) (底線)

 positions

(立場)

 interests

(利益)

 needs

(需要)

 wants

(願望)
5

Conditions to Use Negotiation
 expensive

operations



high-value, large-volume contract



complex technical requirements on product and
process, possibly evolving specifications



capital-intensive items, e.g., plant and equipment



special buyer-supplier relationship



important value-adding activities required from
suppler
6

Examples

7

Which Side Won?
 rental

negotiation

age
group size
status
company
Position in company

Party A
middle age
two, couple
landlord
local
owner

Party B
20’s
single
potential tenant
foreign
employee

8

Which Side Won?
 story
 potential

tenant slow in responding

 property

price gone up

 higher

rental expected by developers

9

Rental Contract Negotiation
by Mr. Stanley Yen
 Mr

Stanley Yen

 1971

June: started as a messenger in the
Taiwan branch of American Express (AET)

 1971

end: took care also general affairs of AET

…

 Now:

a living legend in tourism, management,
social welfare, …
10

Rental Contract Negotiation
by Mr. Stanley Yen


Mr. Yen, “How come you do this? As a custom of
foreign company, I recorded the agreed rental in a
memo.”



mutual respect that grew into long-term
employee-employer and then family-type
relationship



lessons


systematic



polite
11

Real-life Negotiation
with Suppliers

12

Examples of Price Negotiation


some general practice: 5th video clipping 00:14:20
to 00:20:20


depending on opponents




intellectual, traditional, personality

possessing information


BANTA and needs of opponents



market price, actual production cost



strengthen and BANTA of my company

13

Jose Ignacio Lopez
de Arriortua

14

Force-cost Reduction
 win-lose
 acting

strategy

personally, offensively, and emotionally

 demanding

 changing

immediate effect

existing contracts

 threatening

reduction or less no business

http://www.projectmagazine.com/monitoring-and-controlling/53cost/270-qforcedq-cost-reduction-how-to-respond
15

Deep Trouble of GM in Early 90’s

Michael H. Moffett and Willian E. Youngdahl (1999) Jose Ignacio Lopez de
Arriortua, Thunderbird International Business Review, 41(2) 179-194

16

Life of Jose Ignacio Lopez






doctorate in industrial engineering
196980: Firestone, Spain
198086: GM European operations, Spain
1986: GM’s Opel, Germany
1987: head of purchasing for Europe




work with Jack Smith to make GM Europe profitable

1992, April: VP of Worldwide purchasing of GM


Jack Smith as president of GM in Spring 92

18

New Rules in Purchasing
by Jose Ignacio Lopez
 new
 all

rules
supply contracts by bidding

a

minimum of 10 bids for a supply contract, at least
one not in north America

 no

favorable treatment of internal suppliers,
70% among all

 50%

productivity improvement by 1995

19

New Rules in Purchasing
by Jose Ignacio Lopez
 second

phase: sending GM teams to help
suppliers for improvement and cost
reduction

 mixed

results

 exemplary

in some, e.g., Siemens, reduction of
85% assembly line time; 95 percent of
inventory; 20% of cost

 not

sharing cost sharing in some cases
20

New Rules in Purchasing
by Jose Ignacio Lopez


forced changes of existing supplier contracts


renegotiation of five-year contract, e.g., cuts of supplier
price of 5%, 3%, 2%, 2%, 1% in the next five years



close working relationship with unions



taking proprietary designs from suppliers for open
bidding by other suppliers



sharing insufficient fixed development cost with
suppliers

21

New Rules in Purchasing
by Jose Ignacio Lopez
 results
 saving

$4 bill for GM

 poor

relationship and rating by suppliers

 some

suppliers out of business

 loss


of supplier loyalty in long term

not providing best product, nor best service

 switching

partners at opportunity

22

Concurrent
Chrysler Purchasing Policy
 long-term

partnership with suppliers

 criterion:

contribution to whole product
development and manufacturing process,
not only cost

 involving

suppliers right at the beginning

23

Contract Renegotiation with
*
the Chilean Government

http://www.negotiations.com/case/contract-renegotiation/
24

Contract Renegotiation with the
Chilean Government*




contract renegotiation over the El Teniente copper mine
in Chile in 1960’s
two parties: Kennecott, a U.S. company, and Chilean
government
background: national sentiment in Chile for foreign
companies to exploit its natural resource



overwhelmingly strong BATNA of the Chilean government
either tough financial terms or even expropriating the mine


enough local experts to manage the mine

25

Contract Renegotiation with the
Chilean Government*



What can be done by Kennecott?
a six-step win-win strategy that strengthens Kennecott’s position







1 selling a majority equity of the mining operation to the Chilean
government
2 divesting the fund into US banks; getting an outside loan, to expand the mining
operations (effect: better deal in re-negotiation)
3 having the Chilean government to guarantee the loan, with the guarantee
under the law of New York state
4 insuring as many as possible assets with U.S. backed guarantees (effect: reducing loss
in case of expropriation)
5 negotiating to sell output from expansion to clients in Europe and North
America (effect: diversifying customer base)
6 lastly selling the rights of the new contracts to a consortium of financial
institutions from Japan, the United States and Europe (effect: multi-party negotiation
in future contract renegotiation, with parties having other interests with the Chile
Government)

http://www.negotiations.com/case/contract-renegotiation/

26

Contract Renegotiation with the
Chilean Government
 final

remark: expropriation years later but
much better position for Kennecott in
negotiation

27

Preparation and Tactics
in Negotiating

28

Preparation for Negotiation
 identify

participants and set up a team

 develop

objectives

 e.g.,

price, quality, form of collaboration,
service level, long-term relationship

 gather

relevant information

 market

price, historical prices, actual cost of
supplier, history, financial strength, quality,
service level, management of supplier, possible
negotiator from supplier …
29

Preparation for Negotiation
 analyze

strengths & weaknesses for
suppliers and oneself
 for

both sides, e.g.,

 how

important is the supplier to us

 how

much time we have

 any

other backup supplier

 how

important is the order for the supplier

 financial

strength of the supplier
30

Preparation for Negotiation
 recognize
 deduce

 identify
 to

other party’s needs

real needs in others’ perspectives

common goals and facts agreed

simplify discussion

 identify

issues to discuss

 (potential)

differences between the two sides

31

Preparation for Negotiation
 establish
 develop
 brief

positions and BATNA

strategies and tactics

personnel

 practice

the negotiation

32

Tactics







argue based on facts
answer carefully
mind other side’s feeling
know the deadline
avoid trapping oneself in a
corner









e.g., “accept or no deal”

have courage to say no
start with lowest
start with highest
show honesty
take the initiative
listen



disappearance of key persons



never give up



fictitious competition


unethical



order issues



take a rest to cool down



check security



select venue



use threat



side track the issue



raise questions



keep silent
33

Concessions


give-and-take being common in negotiation



guidelines for making concessions


reserve room for concessions



first understand the other side’s needs and objectives



first to concede minor but not the first to concede major



portray unimportant concessions as valuable



fight before every concession
34

Concessions
 guidelines
 give,

for making concessions

and remember to take

 concede
 never

slowly and by little

reveal deadline

 say

“no” occasionally

 try

not to retrieve concessions

 record

of concessions
35

Power in Negotiation
power: the ability to influence
 sources of negotiating power


informational power: presenting relevant facts and
persuasive argument
 reward power
 coercive power
 legitimate power: credentials of experts
 referent power: socially acceptable personal qualities
and attributes, e.g., physical, honesty, charisma,
friendliness, sensitivity


36

Win-Win Negotiation


win-lose – competitive or distributive bargaining



win-win – collaboration or integrative bargaining


beneficial to both sides usually by increasing value or expanding
resources to all participants



equitable sharing of profit or cost



tactics


expand the pie



logroll



compensation for compliance



a bridge solution

37

Getting to Yes
Negotiating Agreement Without Giving In
By Roger Fisher & William Ury

38

Tips from the Book
 don’t

bargain over positions

 separate
 focus

on interests, not positions

 invent
 insist

the people from the problem

options for Mutual Gain

on using objective criteria

39

Don’t Bargain Over Positions


C: customer; S: Shopkeeper



C: How much do you want for this brass dish?



S: That is beautiful antique, isn’t it? I guess I could let it go for $75.



C: Oh come on, it’s dented. I’ll give you $15.



S: Really! I might consider a serious offer, but $15 is certainly isn’t serious.



C: Well, I could to to $20, but I would never pay anything like $75. Quote me a realistic price.



S: You rive a hard bargain, young lady. $60 cash, right now.



C: $25.



S: It cost me a great deal more than that. Make me a serious offer.



C: $37.50. That’s the highest I will go.



S: Have you noticed the engraving on that dish? Next year pieces like that will be worth twice
what you pay today.

40

Focus on Interests, Not Positions
 Negotiation

between Egypt and Israel at
Camp David in 1879
 Egyptian Sinai Peninsula occupied by Israel
since the Six Day War in 1967
 Positions
 Egypt:

getting back whole Sinai Peninsula
 Israel: holding part of Sinai Peninsula for
national security
41

Focus on Interests, Not Positions
 interests
 Egypt:

sovereignty

 Israel:

national security

 Result:

returned the whole Sinai Peninsula
to Egypt and de-militarized large area for
security of Israel

42

Insist on using Objective Criteria

















I: Insurance Adjuster; T; Tom
I: We have studied your case and have decided the policy applies. That means you’re entitled
to a settlement of $6,600.
T: I see. How did you reach that figure?
I: That’s how much we decided the car was worth.
T: I understand, but what standard did you use to determine that amount? Do you know
where I can buy a comparable car for that much?
I: How much are you asking for?
T: Whatever I’m entitled to under the policy. I found a secondhand car just about like it for
$7,700. Adding eh sales and excise tax, it would come to about $8,000.
I: $8,000! That’s too much.
T: I’m not asking for $8,000 or $6,000 or $10,000, but for fair compensation. Do you agree that
it’s only fair I get enough to replace the car?
I: OK, I’ll offer you $7,000. That’s the highest I can go. Company policy.
T: How does the company figure that?
I: Look. $7,000 is all you’ll get. Take it or leave it.
T: $7,000 may be fair. I don’t know. I certainly understand your position if you’re bound by
company policy. But unless you can state objectively why that amount is what I’m entitled to, I
think I’ll do better in court. Why don’t we study the matter and talk again? Is Wednesday at
eleven a good time to talk?
….

43

Insist on using Objective Criteria















….
I: Ok, Mr. Griffith, I’ve got an adhere in today’s paper offering an ‘89 Taurus
for $6,800.
T: I see. What does it say about mileage?
I: 49,000. Why?
T: Because mine only had 25,000 miles. How many dollars does that increase
the worth in your book?
I: Let me see … $450.
T: Assuming the $6,800 as one possible base, that brings the figure to $7,250.
Does the ad say anything about a radio?
I: No.
T: How much extra for that in your book?
I: $125.
T: How much for air conditioning?
……
A half-hour later Tom walked out with a check for $8,024.
44


Slide 31

Negotiation

1

Outline
 standard

terms of negotiation

 examples

of negotiation

 David
 price

and Goliath

negotiation in a channel

 force-cost
a

reduction

company and a government

 preparation

and tactics of negotiation
2

Standard Terms in Negotiating

3

Negotiation


formal communication to seek mutual agreement


usually verbally



often between two sides



on sharing and allocation of resources, cost,
benefits, etc.



skills


required preparation



sharpened by practice
4

Terms in Negotiation
 BATNA

(best alternative to a negotiated
agreement) (底線)

 positions

(立場)

 interests

(利益)

 needs

(需要)

 wants

(願望)
5

Conditions to Use Negotiation
 expensive

operations



high-value, large-volume contract



complex technical requirements on product and
process, possibly evolving specifications



capital-intensive items, e.g., plant and equipment



special buyer-supplier relationship



important value-adding activities required from
suppler
6

Examples

7

Which Side Won?
 rental

negotiation

age
group size
status
company
Position in company

Party A
middle age
two, couple
landlord
local
owner

Party B
20’s
single
potential tenant
foreign
employee

8

Which Side Won?
 story
 potential

tenant slow in responding

 property

price gone up

 higher

rental expected by developers

9

Rental Contract Negotiation
by Mr. Stanley Yen
 Mr

Stanley Yen

 1971

June: started as a messenger in the
Taiwan branch of American Express (AET)

 1971

end: took care also general affairs of AET

…

 Now:

a living legend in tourism, management,
social welfare, …
10

Rental Contract Negotiation
by Mr. Stanley Yen


Mr. Yen, “How come you do this? As a custom of
foreign company, I recorded the agreed rental in a
memo.”



mutual respect that grew into long-term
employee-employer and then family-type
relationship



lessons


systematic



polite
11

Real-life Negotiation
with Suppliers

12

Examples of Price Negotiation


some general practice: 5th video clipping 00:14:20
to 00:20:20


depending on opponents




intellectual, traditional, personality

possessing information


BANTA and needs of opponents



market price, actual production cost



strengthen and BANTA of my company

13

Jose Ignacio Lopez
de Arriortua

14

Force-cost Reduction
 win-lose
 acting

strategy

personally, offensively, and emotionally

 demanding

 changing

immediate effect

existing contracts

 threatening

reduction or less no business

http://www.projectmagazine.com/monitoring-and-controlling/53cost/270-qforcedq-cost-reduction-how-to-respond
15

Deep Trouble of GM in Early 90’s

Michael H. Moffett and Willian E. Youngdahl (1999) Jose Ignacio Lopez de
Arriortua, Thunderbird International Business Review, 41(2) 179-194

16

Life of Jose Ignacio Lopez






doctorate in industrial engineering
196980: Firestone, Spain
198086: GM European operations, Spain
1986: GM’s Opel, Germany
1987: head of purchasing for Europe




work with Jack Smith to make GM Europe profitable

1992, April: VP of Worldwide purchasing of GM


Jack Smith as president of GM in Spring 92

18

New Rules in Purchasing
by Jose Ignacio Lopez
 new
 all

rules
supply contracts by bidding

a

minimum of 10 bids for a supply contract, at least
one not in north America

 no

favorable treatment of internal suppliers,
70% among all

 50%

productivity improvement by 1995

19

New Rules in Purchasing
by Jose Ignacio Lopez
 second

phase: sending GM teams to help
suppliers for improvement and cost
reduction

 mixed

results

 exemplary

in some, e.g., Siemens, reduction of
85% assembly line time; 95 percent of
inventory; 20% of cost

 not

sharing cost sharing in some cases
20

New Rules in Purchasing
by Jose Ignacio Lopez


forced changes of existing supplier contracts


renegotiation of five-year contract, e.g., cuts of supplier
price of 5%, 3%, 2%, 2%, 1% in the next five years



close working relationship with unions



taking proprietary designs from suppliers for open
bidding by other suppliers



sharing insufficient fixed development cost with
suppliers

21

New Rules in Purchasing
by Jose Ignacio Lopez
 results
 saving

$4 bill for GM

 poor

relationship and rating by suppliers

 some

suppliers out of business

 loss


of supplier loyalty in long term

not providing best product, nor best service

 switching

partners at opportunity

22

Concurrent
Chrysler Purchasing Policy
 long-term

partnership with suppliers

 criterion:

contribution to whole product
development and manufacturing process,
not only cost

 involving

suppliers right at the beginning

23

Contract Renegotiation with
*
the Chilean Government

http://www.negotiations.com/case/contract-renegotiation/
24

Contract Renegotiation with the
Chilean Government*




contract renegotiation over the El Teniente copper mine
in Chile in 1960’s
two parties: Kennecott, a U.S. company, and Chilean
government
background: national sentiment in Chile for foreign
companies to exploit its natural resource



overwhelmingly strong BATNA of the Chilean government
either tough financial terms or even expropriating the mine


enough local experts to manage the mine

25

Contract Renegotiation with the
Chilean Government*



What can be done by Kennecott?
a six-step win-win strategy that strengthens Kennecott’s position







1 selling a majority equity of the mining operation to the Chilean
government
2 divesting the fund into US banks; getting an outside loan, to expand the mining
operations (effect: better deal in re-negotiation)
3 having the Chilean government to guarantee the loan, with the guarantee
under the law of New York state
4 insuring as many as possible assets with U.S. backed guarantees (effect: reducing loss
in case of expropriation)
5 negotiating to sell output from expansion to clients in Europe and North
America (effect: diversifying customer base)
6 lastly selling the rights of the new contracts to a consortium of financial
institutions from Japan, the United States and Europe (effect: multi-party negotiation
in future contract renegotiation, with parties having other interests with the Chile
Government)

http://www.negotiations.com/case/contract-renegotiation/

26

Contract Renegotiation with the
Chilean Government
 final

remark: expropriation years later but
much better position for Kennecott in
negotiation

27

Preparation and Tactics
in Negotiating

28

Preparation for Negotiation
 identify

participants and set up a team

 develop

objectives

 e.g.,

price, quality, form of collaboration,
service level, long-term relationship

 gather

relevant information

 market

price, historical prices, actual cost of
supplier, history, financial strength, quality,
service level, management of supplier, possible
negotiator from supplier …
29

Preparation for Negotiation
 analyze

strengths & weaknesses for
suppliers and oneself
 for

both sides, e.g.,

 how

important is the supplier to us

 how

much time we have

 any

other backup supplier

 how

important is the order for the supplier

 financial

strength of the supplier
30

Preparation for Negotiation
 recognize
 deduce

 identify
 to

other party’s needs

real needs in others’ perspectives

common goals and facts agreed

simplify discussion

 identify

issues to discuss

 (potential)

differences between the two sides

31

Preparation for Negotiation
 establish
 develop
 brief

positions and BATNA

strategies and tactics

personnel

 practice

the negotiation

32

Tactics







argue based on facts
answer carefully
mind other side’s feeling
know the deadline
avoid trapping oneself in a
corner









e.g., “accept or no deal”

have courage to say no
start with lowest
start with highest
show honesty
take the initiative
listen



disappearance of key persons



never give up



fictitious competition


unethical



order issues



take a rest to cool down



check security



select venue



use threat



side track the issue



raise questions



keep silent
33

Concessions


give-and-take being common in negotiation



guidelines for making concessions


reserve room for concessions



first understand the other side’s needs and objectives



first to concede minor but not the first to concede major



portray unimportant concessions as valuable



fight before every concession
34

Concessions
 guidelines
 give,

for making concessions

and remember to take

 concede
 never

slowly and by little

reveal deadline

 say

“no” occasionally

 try

not to retrieve concessions

 record

of concessions
35

Power in Negotiation
power: the ability to influence
 sources of negotiating power


informational power: presenting relevant facts and
persuasive argument
 reward power
 coercive power
 legitimate power: credentials of experts
 referent power: socially acceptable personal qualities
and attributes, e.g., physical, honesty, charisma,
friendliness, sensitivity


36

Win-Win Negotiation


win-lose – competitive or distributive bargaining



win-win – collaboration or integrative bargaining


beneficial to both sides usually by increasing value or expanding
resources to all participants



equitable sharing of profit or cost



tactics


expand the pie



logroll



compensation for compliance



a bridge solution

37

Getting to Yes
Negotiating Agreement Without Giving In
By Roger Fisher & William Ury

38

Tips from the Book
 don’t

bargain over positions

 separate
 focus

on interests, not positions

 invent
 insist

the people from the problem

options for Mutual Gain

on using objective criteria

39

Don’t Bargain Over Positions


C: customer; S: Shopkeeper



C: How much do you want for this brass dish?



S: That is beautiful antique, isn’t it? I guess I could let it go for $75.



C: Oh come on, it’s dented. I’ll give you $15.



S: Really! I might consider a serious offer, but $15 is certainly isn’t serious.



C: Well, I could to to $20, but I would never pay anything like $75. Quote me a realistic price.



S: You rive a hard bargain, young lady. $60 cash, right now.



C: $25.



S: It cost me a great deal more than that. Make me a serious offer.



C: $37.50. That’s the highest I will go.



S: Have you noticed the engraving on that dish? Next year pieces like that will be worth twice
what you pay today.

40

Focus on Interests, Not Positions
 Negotiation

between Egypt and Israel at
Camp David in 1879
 Egyptian Sinai Peninsula occupied by Israel
since the Six Day War in 1967
 Positions
 Egypt:

getting back whole Sinai Peninsula
 Israel: holding part of Sinai Peninsula for
national security
41

Focus on Interests, Not Positions
 interests
 Egypt:

sovereignty

 Israel:

national security

 Result:

returned the whole Sinai Peninsula
to Egypt and de-militarized large area for
security of Israel

42

Insist on using Objective Criteria

















I: Insurance Adjuster; T; Tom
I: We have studied your case and have decided the policy applies. That means you’re entitled
to a settlement of $6,600.
T: I see. How did you reach that figure?
I: That’s how much we decided the car was worth.
T: I understand, but what standard did you use to determine that amount? Do you know
where I can buy a comparable car for that much?
I: How much are you asking for?
T: Whatever I’m entitled to under the policy. I found a secondhand car just about like it for
$7,700. Adding eh sales and excise tax, it would come to about $8,000.
I: $8,000! That’s too much.
T: I’m not asking for $8,000 or $6,000 or $10,000, but for fair compensation. Do you agree that
it’s only fair I get enough to replace the car?
I: OK, I’ll offer you $7,000. That’s the highest I can go. Company policy.
T: How does the company figure that?
I: Look. $7,000 is all you’ll get. Take it or leave it.
T: $7,000 may be fair. I don’t know. I certainly understand your position if you’re bound by
company policy. But unless you can state objectively why that amount is what I’m entitled to, I
think I’ll do better in court. Why don’t we study the matter and talk again? Is Wednesday at
eleven a good time to talk?
….

43

Insist on using Objective Criteria















….
I: Ok, Mr. Griffith, I’ve got an adhere in today’s paper offering an ‘89 Taurus
for $6,800.
T: I see. What does it say about mileage?
I: 49,000. Why?
T: Because mine only had 25,000 miles. How many dollars does that increase
the worth in your book?
I: Let me see … $450.
T: Assuming the $6,800 as one possible base, that brings the figure to $7,250.
Does the ad say anything about a radio?
I: No.
T: How much extra for that in your book?
I: $125.
T: How much for air conditioning?
……
A half-hour later Tom walked out with a check for $8,024.
44


Slide 32

Negotiation

1

Outline
 standard

terms of negotiation

 examples

of negotiation

 David
 price

and Goliath

negotiation in a channel

 force-cost
a

reduction

company and a government

 preparation

and tactics of negotiation
2

Standard Terms in Negotiating

3

Negotiation


formal communication to seek mutual agreement


usually verbally



often between two sides



on sharing and allocation of resources, cost,
benefits, etc.



skills


required preparation



sharpened by practice
4

Terms in Negotiation
 BATNA

(best alternative to a negotiated
agreement) (底線)

 positions

(立場)

 interests

(利益)

 needs

(需要)

 wants

(願望)
5

Conditions to Use Negotiation
 expensive

operations



high-value, large-volume contract



complex technical requirements on product and
process, possibly evolving specifications



capital-intensive items, e.g., plant and equipment



special buyer-supplier relationship



important value-adding activities required from
suppler
6

Examples

7

Which Side Won?
 rental

negotiation

age
group size
status
company
Position in company

Party A
middle age
two, couple
landlord
local
owner

Party B
20’s
single
potential tenant
foreign
employee

8

Which Side Won?
 story
 potential

tenant slow in responding

 property

price gone up

 higher

rental expected by developers

9

Rental Contract Negotiation
by Mr. Stanley Yen
 Mr

Stanley Yen

 1971

June: started as a messenger in the
Taiwan branch of American Express (AET)

 1971

end: took care also general affairs of AET

…

 Now:

a living legend in tourism, management,
social welfare, …
10

Rental Contract Negotiation
by Mr. Stanley Yen


Mr. Yen, “How come you do this? As a custom of
foreign company, I recorded the agreed rental in a
memo.”



mutual respect that grew into long-term
employee-employer and then family-type
relationship



lessons


systematic



polite
11

Real-life Negotiation
with Suppliers

12

Examples of Price Negotiation


some general practice: 5th video clipping 00:14:20
to 00:20:20


depending on opponents




intellectual, traditional, personality

possessing information


BANTA and needs of opponents



market price, actual production cost



strengthen and BANTA of my company

13

Jose Ignacio Lopez
de Arriortua

14

Force-cost Reduction
 win-lose
 acting

strategy

personally, offensively, and emotionally

 demanding

 changing

immediate effect

existing contracts

 threatening

reduction or less no business

http://www.projectmagazine.com/monitoring-and-controlling/53cost/270-qforcedq-cost-reduction-how-to-respond
15

Deep Trouble of GM in Early 90’s

Michael H. Moffett and Willian E. Youngdahl (1999) Jose Ignacio Lopez de
Arriortua, Thunderbird International Business Review, 41(2) 179-194

16

Life of Jose Ignacio Lopez






doctorate in industrial engineering
196980: Firestone, Spain
198086: GM European operations, Spain
1986: GM’s Opel, Germany
1987: head of purchasing for Europe




work with Jack Smith to make GM Europe profitable

1992, April: VP of Worldwide purchasing of GM


Jack Smith as president of GM in Spring 92

18

New Rules in Purchasing
by Jose Ignacio Lopez
 new
 all

rules
supply contracts by bidding

a

minimum of 10 bids for a supply contract, at least
one not in north America

 no

favorable treatment of internal suppliers,
70% among all

 50%

productivity improvement by 1995

19

New Rules in Purchasing
by Jose Ignacio Lopez
 second

phase: sending GM teams to help
suppliers for improvement and cost
reduction

 mixed

results

 exemplary

in some, e.g., Siemens, reduction of
85% assembly line time; 95 percent of
inventory; 20% of cost

 not

sharing cost sharing in some cases
20

New Rules in Purchasing
by Jose Ignacio Lopez


forced changes of existing supplier contracts


renegotiation of five-year contract, e.g., cuts of supplier
price of 5%, 3%, 2%, 2%, 1% in the next five years



close working relationship with unions



taking proprietary designs from suppliers for open
bidding by other suppliers



sharing insufficient fixed development cost with
suppliers

21

New Rules in Purchasing
by Jose Ignacio Lopez
 results
 saving

$4 bill for GM

 poor

relationship and rating by suppliers

 some

suppliers out of business

 loss


of supplier loyalty in long term

not providing best product, nor best service

 switching

partners at opportunity

22

Concurrent
Chrysler Purchasing Policy
 long-term

partnership with suppliers

 criterion:

contribution to whole product
development and manufacturing process,
not only cost

 involving

suppliers right at the beginning

23

Contract Renegotiation with
*
the Chilean Government

http://www.negotiations.com/case/contract-renegotiation/
24

Contract Renegotiation with the
Chilean Government*




contract renegotiation over the El Teniente copper mine
in Chile in 1960’s
two parties: Kennecott, a U.S. company, and Chilean
government
background: national sentiment in Chile for foreign
companies to exploit its natural resource



overwhelmingly strong BATNA of the Chilean government
either tough financial terms or even expropriating the mine


enough local experts to manage the mine

25

Contract Renegotiation with the
Chilean Government*



What can be done by Kennecott?
a six-step win-win strategy that strengthens Kennecott’s position







1 selling a majority equity of the mining operation to the Chilean
government
2 divesting the fund into US banks; getting an outside loan, to expand the mining
operations (effect: better deal in re-negotiation)
3 having the Chilean government to guarantee the loan, with the guarantee
under the law of New York state
4 insuring as many as possible assets with U.S. backed guarantees (effect: reducing loss
in case of expropriation)
5 negotiating to sell output from expansion to clients in Europe and North
America (effect: diversifying customer base)
6 lastly selling the rights of the new contracts to a consortium of financial
institutions from Japan, the United States and Europe (effect: multi-party negotiation
in future contract renegotiation, with parties having other interests with the Chile
Government)

http://www.negotiations.com/case/contract-renegotiation/

26

Contract Renegotiation with the
Chilean Government
 final

remark: expropriation years later but
much better position for Kennecott in
negotiation

27

Preparation and Tactics
in Negotiating

28

Preparation for Negotiation
 identify

participants and set up a team

 develop

objectives

 e.g.,

price, quality, form of collaboration,
service level, long-term relationship

 gather

relevant information

 market

price, historical prices, actual cost of
supplier, history, financial strength, quality,
service level, management of supplier, possible
negotiator from supplier …
29

Preparation for Negotiation
 analyze

strengths & weaknesses for
suppliers and oneself
 for

both sides, e.g.,

 how

important is the supplier to us

 how

much time we have

 any

other backup supplier

 how

important is the order for the supplier

 financial

strength of the supplier
30

Preparation for Negotiation
 recognize
 deduce

 identify
 to

other party’s needs

real needs in others’ perspectives

common goals and facts agreed

simplify discussion

 identify

issues to discuss

 (potential)

differences between the two sides

31

Preparation for Negotiation
 establish
 develop
 brief

positions and BATNA

strategies and tactics

personnel

 practice

the negotiation

32

Tactics







argue based on facts
answer carefully
mind other side’s feeling
know the deadline
avoid trapping oneself in a
corner









e.g., “accept or no deal”

have courage to say no
start with lowest
start with highest
show honesty
take the initiative
listen



disappearance of key persons



never give up



fictitious competition


unethical



order issues



take a rest to cool down



check security



select venue



use threat



side track the issue



raise questions



keep silent
33

Concessions


give-and-take being common in negotiation



guidelines for making concessions


reserve room for concessions



first understand the other side’s needs and objectives



first to concede minor but not the first to concede major



portray unimportant concessions as valuable



fight before every concession
34

Concessions
 guidelines
 give,

for making concessions

and remember to take

 concede
 never

slowly and by little

reveal deadline

 say

“no” occasionally

 try

not to retrieve concessions

 record

of concessions
35

Power in Negotiation
power: the ability to influence
 sources of negotiating power


informational power: presenting relevant facts and
persuasive argument
 reward power
 coercive power
 legitimate power: credentials of experts
 referent power: socially acceptable personal qualities
and attributes, e.g., physical, honesty, charisma,
friendliness, sensitivity


36

Win-Win Negotiation


win-lose – competitive or distributive bargaining



win-win – collaboration or integrative bargaining


beneficial to both sides usually by increasing value or expanding
resources to all participants



equitable sharing of profit or cost



tactics


expand the pie



logroll



compensation for compliance



a bridge solution

37

Getting to Yes
Negotiating Agreement Without Giving In
By Roger Fisher & William Ury

38

Tips from the Book
 don’t

bargain over positions

 separate
 focus

on interests, not positions

 invent
 insist

the people from the problem

options for Mutual Gain

on using objective criteria

39

Don’t Bargain Over Positions


C: customer; S: Shopkeeper



C: How much do you want for this brass dish?



S: That is beautiful antique, isn’t it? I guess I could let it go for $75.



C: Oh come on, it’s dented. I’ll give you $15.



S: Really! I might consider a serious offer, but $15 is certainly isn’t serious.



C: Well, I could to to $20, but I would never pay anything like $75. Quote me a realistic price.



S: You rive a hard bargain, young lady. $60 cash, right now.



C: $25.



S: It cost me a great deal more than that. Make me a serious offer.



C: $37.50. That’s the highest I will go.



S: Have you noticed the engraving on that dish? Next year pieces like that will be worth twice
what you pay today.

40

Focus on Interests, Not Positions
 Negotiation

between Egypt and Israel at
Camp David in 1879
 Egyptian Sinai Peninsula occupied by Israel
since the Six Day War in 1967
 Positions
 Egypt:

getting back whole Sinai Peninsula
 Israel: holding part of Sinai Peninsula for
national security
41

Focus on Interests, Not Positions
 interests
 Egypt:

sovereignty

 Israel:

national security

 Result:

returned the whole Sinai Peninsula
to Egypt and de-militarized large area for
security of Israel

42

Insist on using Objective Criteria

















I: Insurance Adjuster; T; Tom
I: We have studied your case and have decided the policy applies. That means you’re entitled
to a settlement of $6,600.
T: I see. How did you reach that figure?
I: That’s how much we decided the car was worth.
T: I understand, but what standard did you use to determine that amount? Do you know
where I can buy a comparable car for that much?
I: How much are you asking for?
T: Whatever I’m entitled to under the policy. I found a secondhand car just about like it for
$7,700. Adding eh sales and excise tax, it would come to about $8,000.
I: $8,000! That’s too much.
T: I’m not asking for $8,000 or $6,000 or $10,000, but for fair compensation. Do you agree that
it’s only fair I get enough to replace the car?
I: OK, I’ll offer you $7,000. That’s the highest I can go. Company policy.
T: How does the company figure that?
I: Look. $7,000 is all you’ll get. Take it or leave it.
T: $7,000 may be fair. I don’t know. I certainly understand your position if you’re bound by
company policy. But unless you can state objectively why that amount is what I’m entitled to, I
think I’ll do better in court. Why don’t we study the matter and talk again? Is Wednesday at
eleven a good time to talk?
….

43

Insist on using Objective Criteria















….
I: Ok, Mr. Griffith, I’ve got an adhere in today’s paper offering an ‘89 Taurus
for $6,800.
T: I see. What does it say about mileage?
I: 49,000. Why?
T: Because mine only had 25,000 miles. How many dollars does that increase
the worth in your book?
I: Let me see … $450.
T: Assuming the $6,800 as one possible base, that brings the figure to $7,250.
Does the ad say anything about a radio?
I: No.
T: How much extra for that in your book?
I: $125.
T: How much for air conditioning?
……
A half-hour later Tom walked out with a check for $8,024.
44


Slide 33

Negotiation

1

Outline
 standard

terms of negotiation

 examples

of negotiation

 David
 price

and Goliath

negotiation in a channel

 force-cost
a

reduction

company and a government

 preparation

and tactics of negotiation
2

Standard Terms in Negotiating

3

Negotiation


formal communication to seek mutual agreement


usually verbally



often between two sides



on sharing and allocation of resources, cost,
benefits, etc.



skills


required preparation



sharpened by practice
4

Terms in Negotiation
 BATNA

(best alternative to a negotiated
agreement) (底線)

 positions

(立場)

 interests

(利益)

 needs

(需要)

 wants

(願望)
5

Conditions to Use Negotiation
 expensive

operations



high-value, large-volume contract



complex technical requirements on product and
process, possibly evolving specifications



capital-intensive items, e.g., plant and equipment



special buyer-supplier relationship



important value-adding activities required from
suppler
6

Examples

7

Which Side Won?
 rental

negotiation

age
group size
status
company
Position in company

Party A
middle age
two, couple
landlord
local
owner

Party B
20’s
single
potential tenant
foreign
employee

8

Which Side Won?
 story
 potential

tenant slow in responding

 property

price gone up

 higher

rental expected by developers

9

Rental Contract Negotiation
by Mr. Stanley Yen
 Mr

Stanley Yen

 1971

June: started as a messenger in the
Taiwan branch of American Express (AET)

 1971

end: took care also general affairs of AET

…

 Now:

a living legend in tourism, management,
social welfare, …
10

Rental Contract Negotiation
by Mr. Stanley Yen


Mr. Yen, “How come you do this? As a custom of
foreign company, I recorded the agreed rental in a
memo.”



mutual respect that grew into long-term
employee-employer and then family-type
relationship



lessons


systematic



polite
11

Real-life Negotiation
with Suppliers

12

Examples of Price Negotiation


some general practice: 5th video clipping 00:14:20
to 00:20:20


depending on opponents




intellectual, traditional, personality

possessing information


BANTA and needs of opponents



market price, actual production cost



strengthen and BANTA of my company

13

Jose Ignacio Lopez
de Arriortua

14

Force-cost Reduction
 win-lose
 acting

strategy

personally, offensively, and emotionally

 demanding

 changing

immediate effect

existing contracts

 threatening

reduction or less no business

http://www.projectmagazine.com/monitoring-and-controlling/53cost/270-qforcedq-cost-reduction-how-to-respond
15

Deep Trouble of GM in Early 90’s

Michael H. Moffett and Willian E. Youngdahl (1999) Jose Ignacio Lopez de
Arriortua, Thunderbird International Business Review, 41(2) 179-194

16

Life of Jose Ignacio Lopez






doctorate in industrial engineering
196980: Firestone, Spain
198086: GM European operations, Spain
1986: GM’s Opel, Germany
1987: head of purchasing for Europe




work with Jack Smith to make GM Europe profitable

1992, April: VP of Worldwide purchasing of GM


Jack Smith as president of GM in Spring 92

18

New Rules in Purchasing
by Jose Ignacio Lopez
 new
 all

rules
supply contracts by bidding

a

minimum of 10 bids for a supply contract, at least
one not in north America

 no

favorable treatment of internal suppliers,
70% among all

 50%

productivity improvement by 1995

19

New Rules in Purchasing
by Jose Ignacio Lopez
 second

phase: sending GM teams to help
suppliers for improvement and cost
reduction

 mixed

results

 exemplary

in some, e.g., Siemens, reduction of
85% assembly line time; 95 percent of
inventory; 20% of cost

 not

sharing cost sharing in some cases
20

New Rules in Purchasing
by Jose Ignacio Lopez


forced changes of existing supplier contracts


renegotiation of five-year contract, e.g., cuts of supplier
price of 5%, 3%, 2%, 2%, 1% in the next five years



close working relationship with unions



taking proprietary designs from suppliers for open
bidding by other suppliers



sharing insufficient fixed development cost with
suppliers

21

New Rules in Purchasing
by Jose Ignacio Lopez
 results
 saving

$4 bill for GM

 poor

relationship and rating by suppliers

 some

suppliers out of business

 loss


of supplier loyalty in long term

not providing best product, nor best service

 switching

partners at opportunity

22

Concurrent
Chrysler Purchasing Policy
 long-term

partnership with suppliers

 criterion:

contribution to whole product
development and manufacturing process,
not only cost

 involving

suppliers right at the beginning

23

Contract Renegotiation with
*
the Chilean Government

http://www.negotiations.com/case/contract-renegotiation/
24

Contract Renegotiation with the
Chilean Government*




contract renegotiation over the El Teniente copper mine
in Chile in 1960’s
two parties: Kennecott, a U.S. company, and Chilean
government
background: national sentiment in Chile for foreign
companies to exploit its natural resource



overwhelmingly strong BATNA of the Chilean government
either tough financial terms or even expropriating the mine


enough local experts to manage the mine

25

Contract Renegotiation with the
Chilean Government*



What can be done by Kennecott?
a six-step win-win strategy that strengthens Kennecott’s position







1 selling a majority equity of the mining operation to the Chilean
government
2 divesting the fund into US banks; getting an outside loan, to expand the mining
operations (effect: better deal in re-negotiation)
3 having the Chilean government to guarantee the loan, with the guarantee
under the law of New York state
4 insuring as many as possible assets with U.S. backed guarantees (effect: reducing loss
in case of expropriation)
5 negotiating to sell output from expansion to clients in Europe and North
America (effect: diversifying customer base)
6 lastly selling the rights of the new contracts to a consortium of financial
institutions from Japan, the United States and Europe (effect: multi-party negotiation
in future contract renegotiation, with parties having other interests with the Chile
Government)

http://www.negotiations.com/case/contract-renegotiation/

26

Contract Renegotiation with the
Chilean Government
 final

remark: expropriation years later but
much better position for Kennecott in
negotiation

27

Preparation and Tactics
in Negotiating

28

Preparation for Negotiation
 identify

participants and set up a team

 develop

objectives

 e.g.,

price, quality, form of collaboration,
service level, long-term relationship

 gather

relevant information

 market

price, historical prices, actual cost of
supplier, history, financial strength, quality,
service level, management of supplier, possible
negotiator from supplier …
29

Preparation for Negotiation
 analyze

strengths & weaknesses for
suppliers and oneself
 for

both sides, e.g.,

 how

important is the supplier to us

 how

much time we have

 any

other backup supplier

 how

important is the order for the supplier

 financial

strength of the supplier
30

Preparation for Negotiation
 recognize
 deduce

 identify
 to

other party’s needs

real needs in others’ perspectives

common goals and facts agreed

simplify discussion

 identify

issues to discuss

 (potential)

differences between the two sides

31

Preparation for Negotiation
 establish
 develop
 brief

positions and BATNA

strategies and tactics

personnel

 practice

the negotiation

32

Tactics







argue based on facts
answer carefully
mind other side’s feeling
know the deadline
avoid trapping oneself in a
corner









e.g., “accept or no deal”

have courage to say no
start with lowest
start with highest
show honesty
take the initiative
listen



disappearance of key persons



never give up



fictitious competition


unethical



order issues



take a rest to cool down



check security



select venue



use threat



side track the issue



raise questions



keep silent
33

Concessions


give-and-take being common in negotiation



guidelines for making concessions


reserve room for concessions



first understand the other side’s needs and objectives



first to concede minor but not the first to concede major



portray unimportant concessions as valuable



fight before every concession
34

Concessions
 guidelines
 give,

for making concessions

and remember to take

 concede
 never

slowly and by little

reveal deadline

 say

“no” occasionally

 try

not to retrieve concessions

 record

of concessions
35

Power in Negotiation
power: the ability to influence
 sources of negotiating power


informational power: presenting relevant facts and
persuasive argument
 reward power
 coercive power
 legitimate power: credentials of experts
 referent power: socially acceptable personal qualities
and attributes, e.g., physical, honesty, charisma,
friendliness, sensitivity


36

Win-Win Negotiation


win-lose – competitive or distributive bargaining



win-win – collaboration or integrative bargaining


beneficial to both sides usually by increasing value or expanding
resources to all participants



equitable sharing of profit or cost



tactics


expand the pie



logroll



compensation for compliance



a bridge solution

37

Getting to Yes
Negotiating Agreement Without Giving In
By Roger Fisher & William Ury

38

Tips from the Book
 don’t

bargain over positions

 separate
 focus

on interests, not positions

 invent
 insist

the people from the problem

options for Mutual Gain

on using objective criteria

39

Don’t Bargain Over Positions


C: customer; S: Shopkeeper



C: How much do you want for this brass dish?



S: That is beautiful antique, isn’t it? I guess I could let it go for $75.



C: Oh come on, it’s dented. I’ll give you $15.



S: Really! I might consider a serious offer, but $15 is certainly isn’t serious.



C: Well, I could to to $20, but I would never pay anything like $75. Quote me a realistic price.



S: You rive a hard bargain, young lady. $60 cash, right now.



C: $25.



S: It cost me a great deal more than that. Make me a serious offer.



C: $37.50. That’s the highest I will go.



S: Have you noticed the engraving on that dish? Next year pieces like that will be worth twice
what you pay today.

40

Focus on Interests, Not Positions
 Negotiation

between Egypt and Israel at
Camp David in 1879
 Egyptian Sinai Peninsula occupied by Israel
since the Six Day War in 1967
 Positions
 Egypt:

getting back whole Sinai Peninsula
 Israel: holding part of Sinai Peninsula for
national security
41

Focus on Interests, Not Positions
 interests
 Egypt:

sovereignty

 Israel:

national security

 Result:

returned the whole Sinai Peninsula
to Egypt and de-militarized large area for
security of Israel

42

Insist on using Objective Criteria

















I: Insurance Adjuster; T; Tom
I: We have studied your case and have decided the policy applies. That means you’re entitled
to a settlement of $6,600.
T: I see. How did you reach that figure?
I: That’s how much we decided the car was worth.
T: I understand, but what standard did you use to determine that amount? Do you know
where I can buy a comparable car for that much?
I: How much are you asking for?
T: Whatever I’m entitled to under the policy. I found a secondhand car just about like it for
$7,700. Adding eh sales and excise tax, it would come to about $8,000.
I: $8,000! That’s too much.
T: I’m not asking for $8,000 or $6,000 or $10,000, but for fair compensation. Do you agree that
it’s only fair I get enough to replace the car?
I: OK, I’ll offer you $7,000. That’s the highest I can go. Company policy.
T: How does the company figure that?
I: Look. $7,000 is all you’ll get. Take it or leave it.
T: $7,000 may be fair. I don’t know. I certainly understand your position if you’re bound by
company policy. But unless you can state objectively why that amount is what I’m entitled to, I
think I’ll do better in court. Why don’t we study the matter and talk again? Is Wednesday at
eleven a good time to talk?
….

43

Insist on using Objective Criteria















….
I: Ok, Mr. Griffith, I’ve got an adhere in today’s paper offering an ‘89 Taurus
for $6,800.
T: I see. What does it say about mileage?
I: 49,000. Why?
T: Because mine only had 25,000 miles. How many dollars does that increase
the worth in your book?
I: Let me see … $450.
T: Assuming the $6,800 as one possible base, that brings the figure to $7,250.
Does the ad say anything about a radio?
I: No.
T: How much extra for that in your book?
I: $125.
T: How much for air conditioning?
……
A half-hour later Tom walked out with a check for $8,024.
44


Slide 34

Negotiation

1

Outline
 standard

terms of negotiation

 examples

of negotiation

 David
 price

and Goliath

negotiation in a channel

 force-cost
a

reduction

company and a government

 preparation

and tactics of negotiation
2

Standard Terms in Negotiating

3

Negotiation


formal communication to seek mutual agreement


usually verbally



often between two sides



on sharing and allocation of resources, cost,
benefits, etc.



skills


required preparation



sharpened by practice
4

Terms in Negotiation
 BATNA

(best alternative to a negotiated
agreement) (底線)

 positions

(立場)

 interests

(利益)

 needs

(需要)

 wants

(願望)
5

Conditions to Use Negotiation
 expensive

operations



high-value, large-volume contract



complex technical requirements on product and
process, possibly evolving specifications



capital-intensive items, e.g., plant and equipment



special buyer-supplier relationship



important value-adding activities required from
suppler
6

Examples

7

Which Side Won?
 rental

negotiation

age
group size
status
company
Position in company

Party A
middle age
two, couple
landlord
local
owner

Party B
20’s
single
potential tenant
foreign
employee

8

Which Side Won?
 story
 potential

tenant slow in responding

 property

price gone up

 higher

rental expected by developers

9

Rental Contract Negotiation
by Mr. Stanley Yen
 Mr

Stanley Yen

 1971

June: started as a messenger in the
Taiwan branch of American Express (AET)

 1971

end: took care also general affairs of AET

…

 Now:

a living legend in tourism, management,
social welfare, …
10

Rental Contract Negotiation
by Mr. Stanley Yen


Mr. Yen, “How come you do this? As a custom of
foreign company, I recorded the agreed rental in a
memo.”



mutual respect that grew into long-term
employee-employer and then family-type
relationship



lessons


systematic



polite
11

Real-life Negotiation
with Suppliers

12

Examples of Price Negotiation


some general practice: 5th video clipping 00:14:20
to 00:20:20


depending on opponents




intellectual, traditional, personality

possessing information


BANTA and needs of opponents



market price, actual production cost



strengthen and BANTA of my company

13

Jose Ignacio Lopez
de Arriortua

14

Force-cost Reduction
 win-lose
 acting

strategy

personally, offensively, and emotionally

 demanding

 changing

immediate effect

existing contracts

 threatening

reduction or less no business

http://www.projectmagazine.com/monitoring-and-controlling/53cost/270-qforcedq-cost-reduction-how-to-respond
15

Deep Trouble of GM in Early 90’s

Michael H. Moffett and Willian E. Youngdahl (1999) Jose Ignacio Lopez de
Arriortua, Thunderbird International Business Review, 41(2) 179-194

16

Life of Jose Ignacio Lopez






doctorate in industrial engineering
196980: Firestone, Spain
198086: GM European operations, Spain
1986: GM’s Opel, Germany
1987: head of purchasing for Europe




work with Jack Smith to make GM Europe profitable

1992, April: VP of Worldwide purchasing of GM


Jack Smith as president of GM in Spring 92

18

New Rules in Purchasing
by Jose Ignacio Lopez
 new
 all

rules
supply contracts by bidding

a

minimum of 10 bids for a supply contract, at least
one not in north America

 no

favorable treatment of internal suppliers,
70% among all

 50%

productivity improvement by 1995

19

New Rules in Purchasing
by Jose Ignacio Lopez
 second

phase: sending GM teams to help
suppliers for improvement and cost
reduction

 mixed

results

 exemplary

in some, e.g., Siemens, reduction of
85% assembly line time; 95 percent of
inventory; 20% of cost

 not

sharing cost sharing in some cases
20

New Rules in Purchasing
by Jose Ignacio Lopez


forced changes of existing supplier contracts


renegotiation of five-year contract, e.g., cuts of supplier
price of 5%, 3%, 2%, 2%, 1% in the next five years



close working relationship with unions



taking proprietary designs from suppliers for open
bidding by other suppliers



sharing insufficient fixed development cost with
suppliers

21

New Rules in Purchasing
by Jose Ignacio Lopez
 results
 saving

$4 bill for GM

 poor

relationship and rating by suppliers

 some

suppliers out of business

 loss


of supplier loyalty in long term

not providing best product, nor best service

 switching

partners at opportunity

22

Concurrent
Chrysler Purchasing Policy
 long-term

partnership with suppliers

 criterion:

contribution to whole product
development and manufacturing process,
not only cost

 involving

suppliers right at the beginning

23

Contract Renegotiation with
*
the Chilean Government

http://www.negotiations.com/case/contract-renegotiation/
24

Contract Renegotiation with the
Chilean Government*




contract renegotiation over the El Teniente copper mine
in Chile in 1960’s
two parties: Kennecott, a U.S. company, and Chilean
government
background: national sentiment in Chile for foreign
companies to exploit its natural resource



overwhelmingly strong BATNA of the Chilean government
either tough financial terms or even expropriating the mine


enough local experts to manage the mine

25

Contract Renegotiation with the
Chilean Government*



What can be done by Kennecott?
a six-step win-win strategy that strengthens Kennecott’s position







1 selling a majority equity of the mining operation to the Chilean
government
2 divesting the fund into US banks; getting an outside loan, to expand the mining
operations (effect: better deal in re-negotiation)
3 having the Chilean government to guarantee the loan, with the guarantee
under the law of New York state
4 insuring as many as possible assets with U.S. backed guarantees (effect: reducing loss
in case of expropriation)
5 negotiating to sell output from expansion to clients in Europe and North
America (effect: diversifying customer base)
6 lastly selling the rights of the new contracts to a consortium of financial
institutions from Japan, the United States and Europe (effect: multi-party negotiation
in future contract renegotiation, with parties having other interests with the Chile
Government)

http://www.negotiations.com/case/contract-renegotiation/

26

Contract Renegotiation with the
Chilean Government
 final

remark: expropriation years later but
much better position for Kennecott in
negotiation

27

Preparation and Tactics
in Negotiating

28

Preparation for Negotiation
 identify

participants and set up a team

 develop

objectives

 e.g.,

price, quality, form of collaboration,
service level, long-term relationship

 gather

relevant information

 market

price, historical prices, actual cost of
supplier, history, financial strength, quality,
service level, management of supplier, possible
negotiator from supplier …
29

Preparation for Negotiation
 analyze

strengths & weaknesses for
suppliers and oneself
 for

both sides, e.g.,

 how

important is the supplier to us

 how

much time we have

 any

other backup supplier

 how

important is the order for the supplier

 financial

strength of the supplier
30

Preparation for Negotiation
 recognize
 deduce

 identify
 to

other party’s needs

real needs in others’ perspectives

common goals and facts agreed

simplify discussion

 identify

issues to discuss

 (potential)

differences between the two sides

31

Preparation for Negotiation
 establish
 develop
 brief

positions and BATNA

strategies and tactics

personnel

 practice

the negotiation

32

Tactics







argue based on facts
answer carefully
mind other side’s feeling
know the deadline
avoid trapping oneself in a
corner









e.g., “accept or no deal”

have courage to say no
start with lowest
start with highest
show honesty
take the initiative
listen



disappearance of key persons



never give up



fictitious competition


unethical



order issues



take a rest to cool down



check security



select venue



use threat



side track the issue



raise questions



keep silent
33

Concessions


give-and-take being common in negotiation



guidelines for making concessions


reserve room for concessions



first understand the other side’s needs and objectives



first to concede minor but not the first to concede major



portray unimportant concessions as valuable



fight before every concession
34

Concessions
 guidelines
 give,

for making concessions

and remember to take

 concede
 never

slowly and by little

reveal deadline

 say

“no” occasionally

 try

not to retrieve concessions

 record

of concessions
35

Power in Negotiation
power: the ability to influence
 sources of negotiating power


informational power: presenting relevant facts and
persuasive argument
 reward power
 coercive power
 legitimate power: credentials of experts
 referent power: socially acceptable personal qualities
and attributes, e.g., physical, honesty, charisma,
friendliness, sensitivity


36

Win-Win Negotiation


win-lose – competitive or distributive bargaining



win-win – collaboration or integrative bargaining


beneficial to both sides usually by increasing value or expanding
resources to all participants



equitable sharing of profit or cost



tactics


expand the pie



logroll



compensation for compliance



a bridge solution

37

Getting to Yes
Negotiating Agreement Without Giving In
By Roger Fisher & William Ury

38

Tips from the Book
 don’t

bargain over positions

 separate
 focus

on interests, not positions

 invent
 insist

the people from the problem

options for Mutual Gain

on using objective criteria

39

Don’t Bargain Over Positions


C: customer; S: Shopkeeper



C: How much do you want for this brass dish?



S: That is beautiful antique, isn’t it? I guess I could let it go for $75.



C: Oh come on, it’s dented. I’ll give you $15.



S: Really! I might consider a serious offer, but $15 is certainly isn’t serious.



C: Well, I could to to $20, but I would never pay anything like $75. Quote me a realistic price.



S: You rive a hard bargain, young lady. $60 cash, right now.



C: $25.



S: It cost me a great deal more than that. Make me a serious offer.



C: $37.50. That’s the highest I will go.



S: Have you noticed the engraving on that dish? Next year pieces like that will be worth twice
what you pay today.

40

Focus on Interests, Not Positions
 Negotiation

between Egypt and Israel at
Camp David in 1879
 Egyptian Sinai Peninsula occupied by Israel
since the Six Day War in 1967
 Positions
 Egypt:

getting back whole Sinai Peninsula
 Israel: holding part of Sinai Peninsula for
national security
41

Focus on Interests, Not Positions
 interests
 Egypt:

sovereignty

 Israel:

national security

 Result:

returned the whole Sinai Peninsula
to Egypt and de-militarized large area for
security of Israel

42

Insist on using Objective Criteria

















I: Insurance Adjuster; T; Tom
I: We have studied your case and have decided the policy applies. That means you’re entitled
to a settlement of $6,600.
T: I see. How did you reach that figure?
I: That’s how much we decided the car was worth.
T: I understand, but what standard did you use to determine that amount? Do you know
where I can buy a comparable car for that much?
I: How much are you asking for?
T: Whatever I’m entitled to under the policy. I found a secondhand car just about like it for
$7,700. Adding eh sales and excise tax, it would come to about $8,000.
I: $8,000! That’s too much.
T: I’m not asking for $8,000 or $6,000 or $10,000, but for fair compensation. Do you agree that
it’s only fair I get enough to replace the car?
I: OK, I’ll offer you $7,000. That’s the highest I can go. Company policy.
T: How does the company figure that?
I: Look. $7,000 is all you’ll get. Take it or leave it.
T: $7,000 may be fair. I don’t know. I certainly understand your position if you’re bound by
company policy. But unless you can state objectively why that amount is what I’m entitled to, I
think I’ll do better in court. Why don’t we study the matter and talk again? Is Wednesday at
eleven a good time to talk?
….

43

Insist on using Objective Criteria















….
I: Ok, Mr. Griffith, I’ve got an adhere in today’s paper offering an ‘89 Taurus
for $6,800.
T: I see. What does it say about mileage?
I: 49,000. Why?
T: Because mine only had 25,000 miles. How many dollars does that increase
the worth in your book?
I: Let me see … $450.
T: Assuming the $6,800 as one possible base, that brings the figure to $7,250.
Does the ad say anything about a radio?
I: No.
T: How much extra for that in your book?
I: $125.
T: How much for air conditioning?
……
A half-hour later Tom walked out with a check for $8,024.
44


Slide 35

Negotiation

1

Outline
 standard

terms of negotiation

 examples

of negotiation

 David
 price

and Goliath

negotiation in a channel

 force-cost
a

reduction

company and a government

 preparation

and tactics of negotiation
2

Standard Terms in Negotiating

3

Negotiation


formal communication to seek mutual agreement


usually verbally



often between two sides



on sharing and allocation of resources, cost,
benefits, etc.



skills


required preparation



sharpened by practice
4

Terms in Negotiation
 BATNA

(best alternative to a negotiated
agreement) (底線)

 positions

(立場)

 interests

(利益)

 needs

(需要)

 wants

(願望)
5

Conditions to Use Negotiation
 expensive

operations



high-value, large-volume contract



complex technical requirements on product and
process, possibly evolving specifications



capital-intensive items, e.g., plant and equipment



special buyer-supplier relationship



important value-adding activities required from
suppler
6

Examples

7

Which Side Won?
 rental

negotiation

age
group size
status
company
Position in company

Party A
middle age
two, couple
landlord
local
owner

Party B
20’s
single
potential tenant
foreign
employee

8

Which Side Won?
 story
 potential

tenant slow in responding

 property

price gone up

 higher

rental expected by developers

9

Rental Contract Negotiation
by Mr. Stanley Yen
 Mr

Stanley Yen

 1971

June: started as a messenger in the
Taiwan branch of American Express (AET)

 1971

end: took care also general affairs of AET

…

 Now:

a living legend in tourism, management,
social welfare, …
10

Rental Contract Negotiation
by Mr. Stanley Yen


Mr. Yen, “How come you do this? As a custom of
foreign company, I recorded the agreed rental in a
memo.”



mutual respect that grew into long-term
employee-employer and then family-type
relationship



lessons


systematic



polite
11

Real-life Negotiation
with Suppliers

12

Examples of Price Negotiation


some general practice: 5th video clipping 00:14:20
to 00:20:20


depending on opponents




intellectual, traditional, personality

possessing information


BANTA and needs of opponents



market price, actual production cost



strengthen and BANTA of my company

13

Jose Ignacio Lopez
de Arriortua

14

Force-cost Reduction
 win-lose
 acting

strategy

personally, offensively, and emotionally

 demanding

 changing

immediate effect

existing contracts

 threatening

reduction or less no business

http://www.projectmagazine.com/monitoring-and-controlling/53cost/270-qforcedq-cost-reduction-how-to-respond
15

Deep Trouble of GM in Early 90’s

Michael H. Moffett and Willian E. Youngdahl (1999) Jose Ignacio Lopez de
Arriortua, Thunderbird International Business Review, 41(2) 179-194

16

Life of Jose Ignacio Lopez






doctorate in industrial engineering
196980: Firestone, Spain
198086: GM European operations, Spain
1986: GM’s Opel, Germany
1987: head of purchasing for Europe




work with Jack Smith to make GM Europe profitable

1992, April: VP of Worldwide purchasing of GM


Jack Smith as president of GM in Spring 92

18

New Rules in Purchasing
by Jose Ignacio Lopez
 new
 all

rules
supply contracts by bidding

a

minimum of 10 bids for a supply contract, at least
one not in north America

 no

favorable treatment of internal suppliers,
70% among all

 50%

productivity improvement by 1995

19

New Rules in Purchasing
by Jose Ignacio Lopez
 second

phase: sending GM teams to help
suppliers for improvement and cost
reduction

 mixed

results

 exemplary

in some, e.g., Siemens, reduction of
85% assembly line time; 95 percent of
inventory; 20% of cost

 not

sharing cost sharing in some cases
20

New Rules in Purchasing
by Jose Ignacio Lopez


forced changes of existing supplier contracts


renegotiation of five-year contract, e.g., cuts of supplier
price of 5%, 3%, 2%, 2%, 1% in the next five years



close working relationship with unions



taking proprietary designs from suppliers for open
bidding by other suppliers



sharing insufficient fixed development cost with
suppliers

21

New Rules in Purchasing
by Jose Ignacio Lopez
 results
 saving

$4 bill for GM

 poor

relationship and rating by suppliers

 some

suppliers out of business

 loss


of supplier loyalty in long term

not providing best product, nor best service

 switching

partners at opportunity

22

Concurrent
Chrysler Purchasing Policy
 long-term

partnership with suppliers

 criterion:

contribution to whole product
development and manufacturing process,
not only cost

 involving

suppliers right at the beginning

23

Contract Renegotiation with
*
the Chilean Government

http://www.negotiations.com/case/contract-renegotiation/
24

Contract Renegotiation with the
Chilean Government*




contract renegotiation over the El Teniente copper mine
in Chile in 1960’s
two parties: Kennecott, a U.S. company, and Chilean
government
background: national sentiment in Chile for foreign
companies to exploit its natural resource



overwhelmingly strong BATNA of the Chilean government
either tough financial terms or even expropriating the mine


enough local experts to manage the mine

25

Contract Renegotiation with the
Chilean Government*



What can be done by Kennecott?
a six-step win-win strategy that strengthens Kennecott’s position







1 selling a majority equity of the mining operation to the Chilean
government
2 divesting the fund into US banks; getting an outside loan, to expand the mining
operations (effect: better deal in re-negotiation)
3 having the Chilean government to guarantee the loan, with the guarantee
under the law of New York state
4 insuring as many as possible assets with U.S. backed guarantees (effect: reducing loss
in case of expropriation)
5 negotiating to sell output from expansion to clients in Europe and North
America (effect: diversifying customer base)
6 lastly selling the rights of the new contracts to a consortium of financial
institutions from Japan, the United States and Europe (effect: multi-party negotiation
in future contract renegotiation, with parties having other interests with the Chile
Government)

http://www.negotiations.com/case/contract-renegotiation/

26

Contract Renegotiation with the
Chilean Government
 final

remark: expropriation years later but
much better position for Kennecott in
negotiation

27

Preparation and Tactics
in Negotiating

28

Preparation for Negotiation
 identify

participants and set up a team

 develop

objectives

 e.g.,

price, quality, form of collaboration,
service level, long-term relationship

 gather

relevant information

 market

price, historical prices, actual cost of
supplier, history, financial strength, quality,
service level, management of supplier, possible
negotiator from supplier …
29

Preparation for Negotiation
 analyze

strengths & weaknesses for
suppliers and oneself
 for

both sides, e.g.,

 how

important is the supplier to us

 how

much time we have

 any

other backup supplier

 how

important is the order for the supplier

 financial

strength of the supplier
30

Preparation for Negotiation
 recognize
 deduce

 identify
 to

other party’s needs

real needs in others’ perspectives

common goals and facts agreed

simplify discussion

 identify

issues to discuss

 (potential)

differences between the two sides

31

Preparation for Negotiation
 establish
 develop
 brief

positions and BATNA

strategies and tactics

personnel

 practice

the negotiation

32

Tactics







argue based on facts
answer carefully
mind other side’s feeling
know the deadline
avoid trapping oneself in a
corner









e.g., “accept or no deal”

have courage to say no
start with lowest
start with highest
show honesty
take the initiative
listen



disappearance of key persons



never give up



fictitious competition


unethical



order issues



take a rest to cool down



check security



select venue



use threat



side track the issue



raise questions



keep silent
33

Concessions


give-and-take being common in negotiation



guidelines for making concessions


reserve room for concessions



first understand the other side’s needs and objectives



first to concede minor but not the first to concede major



portray unimportant concessions as valuable



fight before every concession
34

Concessions
 guidelines
 give,

for making concessions

and remember to take

 concede
 never

slowly and by little

reveal deadline

 say

“no” occasionally

 try

not to retrieve concessions

 record

of concessions
35

Power in Negotiation
power: the ability to influence
 sources of negotiating power


informational power: presenting relevant facts and
persuasive argument
 reward power
 coercive power
 legitimate power: credentials of experts
 referent power: socially acceptable personal qualities
and attributes, e.g., physical, honesty, charisma,
friendliness, sensitivity


36

Win-Win Negotiation


win-lose – competitive or distributive bargaining



win-win – collaboration or integrative bargaining


beneficial to both sides usually by increasing value or expanding
resources to all participants



equitable sharing of profit or cost



tactics


expand the pie



logroll



compensation for compliance



a bridge solution

37

Getting to Yes
Negotiating Agreement Without Giving In
By Roger Fisher & William Ury

38

Tips from the Book
 don’t

bargain over positions

 separate
 focus

on interests, not positions

 invent
 insist

the people from the problem

options for Mutual Gain

on using objective criteria

39

Don’t Bargain Over Positions


C: customer; S: Shopkeeper



C: How much do you want for this brass dish?



S: That is beautiful antique, isn’t it? I guess I could let it go for $75.



C: Oh come on, it’s dented. I’ll give you $15.



S: Really! I might consider a serious offer, but $15 is certainly isn’t serious.



C: Well, I could to to $20, but I would never pay anything like $75. Quote me a realistic price.



S: You rive a hard bargain, young lady. $60 cash, right now.



C: $25.



S: It cost me a great deal more than that. Make me a serious offer.



C: $37.50. That’s the highest I will go.



S: Have you noticed the engraving on that dish? Next year pieces like that will be worth twice
what you pay today.

40

Focus on Interests, Not Positions
 Negotiation

between Egypt and Israel at
Camp David in 1879
 Egyptian Sinai Peninsula occupied by Israel
since the Six Day War in 1967
 Positions
 Egypt:

getting back whole Sinai Peninsula
 Israel: holding part of Sinai Peninsula for
national security
41

Focus on Interests, Not Positions
 interests
 Egypt:

sovereignty

 Israel:

national security

 Result:

returned the whole Sinai Peninsula
to Egypt and de-militarized large area for
security of Israel

42

Insist on using Objective Criteria

















I: Insurance Adjuster; T; Tom
I: We have studied your case and have decided the policy applies. That means you’re entitled
to a settlement of $6,600.
T: I see. How did you reach that figure?
I: That’s how much we decided the car was worth.
T: I understand, but what standard did you use to determine that amount? Do you know
where I can buy a comparable car for that much?
I: How much are you asking for?
T: Whatever I’m entitled to under the policy. I found a secondhand car just about like it for
$7,700. Adding eh sales and excise tax, it would come to about $8,000.
I: $8,000! That’s too much.
T: I’m not asking for $8,000 or $6,000 or $10,000, but for fair compensation. Do you agree that
it’s only fair I get enough to replace the car?
I: OK, I’ll offer you $7,000. That’s the highest I can go. Company policy.
T: How does the company figure that?
I: Look. $7,000 is all you’ll get. Take it or leave it.
T: $7,000 may be fair. I don’t know. I certainly understand your position if you’re bound by
company policy. But unless you can state objectively why that amount is what I’m entitled to, I
think I’ll do better in court. Why don’t we study the matter and talk again? Is Wednesday at
eleven a good time to talk?
….

43

Insist on using Objective Criteria















….
I: Ok, Mr. Griffith, I’ve got an adhere in today’s paper offering an ‘89 Taurus
for $6,800.
T: I see. What does it say about mileage?
I: 49,000. Why?
T: Because mine only had 25,000 miles. How many dollars does that increase
the worth in your book?
I: Let me see … $450.
T: Assuming the $6,800 as one possible base, that brings the figure to $7,250.
Does the ad say anything about a radio?
I: No.
T: How much extra for that in your book?
I: $125.
T: How much for air conditioning?
……
A half-hour later Tom walked out with a check for $8,024.
44


Slide 36

Negotiation

1

Outline
 standard

terms of negotiation

 examples

of negotiation

 David
 price

and Goliath

negotiation in a channel

 force-cost
a

reduction

company and a government

 preparation

and tactics of negotiation
2

Standard Terms in Negotiating

3

Negotiation


formal communication to seek mutual agreement


usually verbally



often between two sides



on sharing and allocation of resources, cost,
benefits, etc.



skills


required preparation



sharpened by practice
4

Terms in Negotiation
 BATNA

(best alternative to a negotiated
agreement) (底線)

 positions

(立場)

 interests

(利益)

 needs

(需要)

 wants

(願望)
5

Conditions to Use Negotiation
 expensive

operations



high-value, large-volume contract



complex technical requirements on product and
process, possibly evolving specifications



capital-intensive items, e.g., plant and equipment



special buyer-supplier relationship



important value-adding activities required from
suppler
6

Examples

7

Which Side Won?
 rental

negotiation

age
group size
status
company
Position in company

Party A
middle age
two, couple
landlord
local
owner

Party B
20’s
single
potential tenant
foreign
employee

8

Which Side Won?
 story
 potential

tenant slow in responding

 property

price gone up

 higher

rental expected by developers

9

Rental Contract Negotiation
by Mr. Stanley Yen
 Mr

Stanley Yen

 1971

June: started as a messenger in the
Taiwan branch of American Express (AET)

 1971

end: took care also general affairs of AET

…

 Now:

a living legend in tourism, management,
social welfare, …
10

Rental Contract Negotiation
by Mr. Stanley Yen


Mr. Yen, “How come you do this? As a custom of
foreign company, I recorded the agreed rental in a
memo.”



mutual respect that grew into long-term
employee-employer and then family-type
relationship



lessons


systematic



polite
11

Real-life Negotiation
with Suppliers

12

Examples of Price Negotiation


some general practice: 5th video clipping 00:14:20
to 00:20:20


depending on opponents




intellectual, traditional, personality

possessing information


BANTA and needs of opponents



market price, actual production cost



strengthen and BANTA of my company

13

Jose Ignacio Lopez
de Arriortua

14

Force-cost Reduction
 win-lose
 acting

strategy

personally, offensively, and emotionally

 demanding

 changing

immediate effect

existing contracts

 threatening

reduction or less no business

http://www.projectmagazine.com/monitoring-and-controlling/53cost/270-qforcedq-cost-reduction-how-to-respond
15

Deep Trouble of GM in Early 90’s

Michael H. Moffett and Willian E. Youngdahl (1999) Jose Ignacio Lopez de
Arriortua, Thunderbird International Business Review, 41(2) 179-194

16

Life of Jose Ignacio Lopez






doctorate in industrial engineering
196980: Firestone, Spain
198086: GM European operations, Spain
1986: GM’s Opel, Germany
1987: head of purchasing for Europe




work with Jack Smith to make GM Europe profitable

1992, April: VP of Worldwide purchasing of GM


Jack Smith as president of GM in Spring 92

18

New Rules in Purchasing
by Jose Ignacio Lopez
 new
 all

rules
supply contracts by bidding

a

minimum of 10 bids for a supply contract, at least
one not in north America

 no

favorable treatment of internal suppliers,
70% among all

 50%

productivity improvement by 1995

19

New Rules in Purchasing
by Jose Ignacio Lopez
 second

phase: sending GM teams to help
suppliers for improvement and cost
reduction

 mixed

results

 exemplary

in some, e.g., Siemens, reduction of
85% assembly line time; 95 percent of
inventory; 20% of cost

 not

sharing cost sharing in some cases
20

New Rules in Purchasing
by Jose Ignacio Lopez


forced changes of existing supplier contracts


renegotiation of five-year contract, e.g., cuts of supplier
price of 5%, 3%, 2%, 2%, 1% in the next five years



close working relationship with unions



taking proprietary designs from suppliers for open
bidding by other suppliers



sharing insufficient fixed development cost with
suppliers

21

New Rules in Purchasing
by Jose Ignacio Lopez
 results
 saving

$4 bill for GM

 poor

relationship and rating by suppliers

 some

suppliers out of business

 loss


of supplier loyalty in long term

not providing best product, nor best service

 switching

partners at opportunity

22

Concurrent
Chrysler Purchasing Policy
 long-term

partnership with suppliers

 criterion:

contribution to whole product
development and manufacturing process,
not only cost

 involving

suppliers right at the beginning

23

Contract Renegotiation with
*
the Chilean Government

http://www.negotiations.com/case/contract-renegotiation/
24

Contract Renegotiation with the
Chilean Government*




contract renegotiation over the El Teniente copper mine
in Chile in 1960’s
two parties: Kennecott, a U.S. company, and Chilean
government
background: national sentiment in Chile for foreign
companies to exploit its natural resource



overwhelmingly strong BATNA of the Chilean government
either tough financial terms or even expropriating the mine


enough local experts to manage the mine

25

Contract Renegotiation with the
Chilean Government*



What can be done by Kennecott?
a six-step win-win strategy that strengthens Kennecott’s position







1 selling a majority equity of the mining operation to the Chilean
government
2 divesting the fund into US banks; getting an outside loan, to expand the mining
operations (effect: better deal in re-negotiation)
3 having the Chilean government to guarantee the loan, with the guarantee
under the law of New York state
4 insuring as many as possible assets with U.S. backed guarantees (effect: reducing loss
in case of expropriation)
5 negotiating to sell output from expansion to clients in Europe and North
America (effect: diversifying customer base)
6 lastly selling the rights of the new contracts to a consortium of financial
institutions from Japan, the United States and Europe (effect: multi-party negotiation
in future contract renegotiation, with parties having other interests with the Chile
Government)

http://www.negotiations.com/case/contract-renegotiation/

26

Contract Renegotiation with the
Chilean Government
 final

remark: expropriation years later but
much better position for Kennecott in
negotiation

27

Preparation and Tactics
in Negotiating

28

Preparation for Negotiation
 identify

participants and set up a team

 develop

objectives

 e.g.,

price, quality, form of collaboration,
service level, long-term relationship

 gather

relevant information

 market

price, historical prices, actual cost of
supplier, history, financial strength, quality,
service level, management of supplier, possible
negotiator from supplier …
29

Preparation for Negotiation
 analyze

strengths & weaknesses for
suppliers and oneself
 for

both sides, e.g.,

 how

important is the supplier to us

 how

much time we have

 any

other backup supplier

 how

important is the order for the supplier

 financial

strength of the supplier
30

Preparation for Negotiation
 recognize
 deduce

 identify
 to

other party’s needs

real needs in others’ perspectives

common goals and facts agreed

simplify discussion

 identify

issues to discuss

 (potential)

differences between the two sides

31

Preparation for Negotiation
 establish
 develop
 brief

positions and BATNA

strategies and tactics

personnel

 practice

the negotiation

32

Tactics







argue based on facts
answer carefully
mind other side’s feeling
know the deadline
avoid trapping oneself in a
corner









e.g., “accept or no deal”

have courage to say no
start with lowest
start with highest
show honesty
take the initiative
listen



disappearance of key persons



never give up



fictitious competition


unethical



order issues



take a rest to cool down



check security



select venue



use threat



side track the issue



raise questions



keep silent
33

Concessions


give-and-take being common in negotiation



guidelines for making concessions


reserve room for concessions



first understand the other side’s needs and objectives



first to concede minor but not the first to concede major



portray unimportant concessions as valuable



fight before every concession
34

Concessions
 guidelines
 give,

for making concessions

and remember to take

 concede
 never

slowly and by little

reveal deadline

 say

“no” occasionally

 try

not to retrieve concessions

 record

of concessions
35

Power in Negotiation
power: the ability to influence
 sources of negotiating power


informational power: presenting relevant facts and
persuasive argument
 reward power
 coercive power
 legitimate power: credentials of experts
 referent power: socially acceptable personal qualities
and attributes, e.g., physical, honesty, charisma,
friendliness, sensitivity


36

Win-Win Negotiation


win-lose – competitive or distributive bargaining



win-win – collaboration or integrative bargaining


beneficial to both sides usually by increasing value or expanding
resources to all participants



equitable sharing of profit or cost



tactics


expand the pie



logroll



compensation for compliance



a bridge solution

37

Getting to Yes
Negotiating Agreement Without Giving In
By Roger Fisher & William Ury

38

Tips from the Book
 don’t

bargain over positions

 separate
 focus

on interests, not positions

 invent
 insist

the people from the problem

options for Mutual Gain

on using objective criteria

39

Don’t Bargain Over Positions


C: customer; S: Shopkeeper



C: How much do you want for this brass dish?



S: That is beautiful antique, isn’t it? I guess I could let it go for $75.



C: Oh come on, it’s dented. I’ll give you $15.



S: Really! I might consider a serious offer, but $15 is certainly isn’t serious.



C: Well, I could to to $20, but I would never pay anything like $75. Quote me a realistic price.



S: You rive a hard bargain, young lady. $60 cash, right now.



C: $25.



S: It cost me a great deal more than that. Make me a serious offer.



C: $37.50. That’s the highest I will go.



S: Have you noticed the engraving on that dish? Next year pieces like that will be worth twice
what you pay today.

40

Focus on Interests, Not Positions
 Negotiation

between Egypt and Israel at
Camp David in 1879
 Egyptian Sinai Peninsula occupied by Israel
since the Six Day War in 1967
 Positions
 Egypt:

getting back whole Sinai Peninsula
 Israel: holding part of Sinai Peninsula for
national security
41

Focus on Interests, Not Positions
 interests
 Egypt:

sovereignty

 Israel:

national security

 Result:

returned the whole Sinai Peninsula
to Egypt and de-militarized large area for
security of Israel

42

Insist on using Objective Criteria

















I: Insurance Adjuster; T; Tom
I: We have studied your case and have decided the policy applies. That means you’re entitled
to a settlement of $6,600.
T: I see. How did you reach that figure?
I: That’s how much we decided the car was worth.
T: I understand, but what standard did you use to determine that amount? Do you know
where I can buy a comparable car for that much?
I: How much are you asking for?
T: Whatever I’m entitled to under the policy. I found a secondhand car just about like it for
$7,700. Adding eh sales and excise tax, it would come to about $8,000.
I: $8,000! That’s too much.
T: I’m not asking for $8,000 or $6,000 or $10,000, but for fair compensation. Do you agree that
it’s only fair I get enough to replace the car?
I: OK, I’ll offer you $7,000. That’s the highest I can go. Company policy.
T: How does the company figure that?
I: Look. $7,000 is all you’ll get. Take it or leave it.
T: $7,000 may be fair. I don’t know. I certainly understand your position if you’re bound by
company policy. But unless you can state objectively why that amount is what I’m entitled to, I
think I’ll do better in court. Why don’t we study the matter and talk again? Is Wednesday at
eleven a good time to talk?
….

43

Insist on using Objective Criteria















….
I: Ok, Mr. Griffith, I’ve got an adhere in today’s paper offering an ‘89 Taurus
for $6,800.
T: I see. What does it say about mileage?
I: 49,000. Why?
T: Because mine only had 25,000 miles. How many dollars does that increase
the worth in your book?
I: Let me see … $450.
T: Assuming the $6,800 as one possible base, that brings the figure to $7,250.
Does the ad say anything about a radio?
I: No.
T: How much extra for that in your book?
I: $125.
T: How much for air conditioning?
……
A half-hour later Tom walked out with a check for $8,024.
44


Slide 37

Negotiation

1

Outline
 standard

terms of negotiation

 examples

of negotiation

 David
 price

and Goliath

negotiation in a channel

 force-cost
a

reduction

company and a government

 preparation

and tactics of negotiation
2

Standard Terms in Negotiating

3

Negotiation


formal communication to seek mutual agreement


usually verbally



often between two sides



on sharing and allocation of resources, cost,
benefits, etc.



skills


required preparation



sharpened by practice
4

Terms in Negotiation
 BATNA

(best alternative to a negotiated
agreement) (底線)

 positions

(立場)

 interests

(利益)

 needs

(需要)

 wants

(願望)
5

Conditions to Use Negotiation
 expensive

operations



high-value, large-volume contract



complex technical requirements on product and
process, possibly evolving specifications



capital-intensive items, e.g., plant and equipment



special buyer-supplier relationship



important value-adding activities required from
suppler
6

Examples

7

Which Side Won?
 rental

negotiation

age
group size
status
company
Position in company

Party A
middle age
two, couple
landlord
local
owner

Party B
20’s
single
potential tenant
foreign
employee

8

Which Side Won?
 story
 potential

tenant slow in responding

 property

price gone up

 higher

rental expected by developers

9

Rental Contract Negotiation
by Mr. Stanley Yen
 Mr

Stanley Yen

 1971

June: started as a messenger in the
Taiwan branch of American Express (AET)

 1971

end: took care also general affairs of AET

…

 Now:

a living legend in tourism, management,
social welfare, …
10

Rental Contract Negotiation
by Mr. Stanley Yen


Mr. Yen, “How come you do this? As a custom of
foreign company, I recorded the agreed rental in a
memo.”



mutual respect that grew into long-term
employee-employer and then family-type
relationship



lessons


systematic



polite
11

Real-life Negotiation
with Suppliers

12

Examples of Price Negotiation


some general practice: 5th video clipping 00:14:20
to 00:20:20


depending on opponents




intellectual, traditional, personality

possessing information


BANTA and needs of opponents



market price, actual production cost



strengthen and BANTA of my company

13

Jose Ignacio Lopez
de Arriortua

14

Force-cost Reduction
 win-lose
 acting

strategy

personally, offensively, and emotionally

 demanding

 changing

immediate effect

existing contracts

 threatening

reduction or less no business

http://www.projectmagazine.com/monitoring-and-controlling/53cost/270-qforcedq-cost-reduction-how-to-respond
15

Deep Trouble of GM in Early 90’s

Michael H. Moffett and Willian E. Youngdahl (1999) Jose Ignacio Lopez de
Arriortua, Thunderbird International Business Review, 41(2) 179-194

16

Life of Jose Ignacio Lopez






doctorate in industrial engineering
196980: Firestone, Spain
198086: GM European operations, Spain
1986: GM’s Opel, Germany
1987: head of purchasing for Europe




work with Jack Smith to make GM Europe profitable

1992, April: VP of Worldwide purchasing of GM


Jack Smith as president of GM in Spring 92

18

New Rules in Purchasing
by Jose Ignacio Lopez
 new
 all

rules
supply contracts by bidding

a

minimum of 10 bids for a supply contract, at least
one not in north America

 no

favorable treatment of internal suppliers,
70% among all

 50%

productivity improvement by 1995

19

New Rules in Purchasing
by Jose Ignacio Lopez
 second

phase: sending GM teams to help
suppliers for improvement and cost
reduction

 mixed

results

 exemplary

in some, e.g., Siemens, reduction of
85% assembly line time; 95 percent of
inventory; 20% of cost

 not

sharing cost sharing in some cases
20

New Rules in Purchasing
by Jose Ignacio Lopez


forced changes of existing supplier contracts


renegotiation of five-year contract, e.g., cuts of supplier
price of 5%, 3%, 2%, 2%, 1% in the next five years



close working relationship with unions



taking proprietary designs from suppliers for open
bidding by other suppliers



sharing insufficient fixed development cost with
suppliers

21

New Rules in Purchasing
by Jose Ignacio Lopez
 results
 saving

$4 bill for GM

 poor

relationship and rating by suppliers

 some

suppliers out of business

 loss


of supplier loyalty in long term

not providing best product, nor best service

 switching

partners at opportunity

22

Concurrent
Chrysler Purchasing Policy
 long-term

partnership with suppliers

 criterion:

contribution to whole product
development and manufacturing process,
not only cost

 involving

suppliers right at the beginning

23

Contract Renegotiation with
*
the Chilean Government

http://www.negotiations.com/case/contract-renegotiation/
24

Contract Renegotiation with the
Chilean Government*




contract renegotiation over the El Teniente copper mine
in Chile in 1960’s
two parties: Kennecott, a U.S. company, and Chilean
government
background: national sentiment in Chile for foreign
companies to exploit its natural resource



overwhelmingly strong BATNA of the Chilean government
either tough financial terms or even expropriating the mine


enough local experts to manage the mine

25

Contract Renegotiation with the
Chilean Government*



What can be done by Kennecott?
a six-step win-win strategy that strengthens Kennecott’s position







1 selling a majority equity of the mining operation to the Chilean
government
2 divesting the fund into US banks; getting an outside loan, to expand the mining
operations (effect: better deal in re-negotiation)
3 having the Chilean government to guarantee the loan, with the guarantee
under the law of New York state
4 insuring as many as possible assets with U.S. backed guarantees (effect: reducing loss
in case of expropriation)
5 negotiating to sell output from expansion to clients in Europe and North
America (effect: diversifying customer base)
6 lastly selling the rights of the new contracts to a consortium of financial
institutions from Japan, the United States and Europe (effect: multi-party negotiation
in future contract renegotiation, with parties having other interests with the Chile
Government)

http://www.negotiations.com/case/contract-renegotiation/

26

Contract Renegotiation with the
Chilean Government
 final

remark: expropriation years later but
much better position for Kennecott in
negotiation

27

Preparation and Tactics
in Negotiating

28

Preparation for Negotiation
 identify

participants and set up a team

 develop

objectives

 e.g.,

price, quality, form of collaboration,
service level, long-term relationship

 gather

relevant information

 market

price, historical prices, actual cost of
supplier, history, financial strength, quality,
service level, management of supplier, possible
negotiator from supplier …
29

Preparation for Negotiation
 analyze

strengths & weaknesses for
suppliers and oneself
 for

both sides, e.g.,

 how

important is the supplier to us

 how

much time we have

 any

other backup supplier

 how

important is the order for the supplier

 financial

strength of the supplier
30

Preparation for Negotiation
 recognize
 deduce

 identify
 to

other party’s needs

real needs in others’ perspectives

common goals and facts agreed

simplify discussion

 identify

issues to discuss

 (potential)

differences between the two sides

31

Preparation for Negotiation
 establish
 develop
 brief

positions and BATNA

strategies and tactics

personnel

 practice

the negotiation

32

Tactics







argue based on facts
answer carefully
mind other side’s feeling
know the deadline
avoid trapping oneself in a
corner









e.g., “accept or no deal”

have courage to say no
start with lowest
start with highest
show honesty
take the initiative
listen



disappearance of key persons



never give up



fictitious competition


unethical



order issues



take a rest to cool down



check security



select venue



use threat



side track the issue



raise questions



keep silent
33

Concessions


give-and-take being common in negotiation



guidelines for making concessions


reserve room for concessions



first understand the other side’s needs and objectives



first to concede minor but not the first to concede major



portray unimportant concessions as valuable



fight before every concession
34

Concessions
 guidelines
 give,

for making concessions

and remember to take

 concede
 never

slowly and by little

reveal deadline

 say

“no” occasionally

 try

not to retrieve concessions

 record

of concessions
35

Power in Negotiation
power: the ability to influence
 sources of negotiating power


informational power: presenting relevant facts and
persuasive argument
 reward power
 coercive power
 legitimate power: credentials of experts
 referent power: socially acceptable personal qualities
and attributes, e.g., physical, honesty, charisma,
friendliness, sensitivity


36

Win-Win Negotiation


win-lose – competitive or distributive bargaining



win-win – collaboration or integrative bargaining


beneficial to both sides usually by increasing value or expanding
resources to all participants



equitable sharing of profit or cost



tactics


expand the pie



logroll



compensation for compliance



a bridge solution

37

Getting to Yes
Negotiating Agreement Without Giving In
By Roger Fisher & William Ury

38

Tips from the Book
 don’t

bargain over positions

 separate
 focus

on interests, not positions

 invent
 insist

the people from the problem

options for Mutual Gain

on using objective criteria

39

Don’t Bargain Over Positions


C: customer; S: Shopkeeper



C: How much do you want for this brass dish?



S: That is beautiful antique, isn’t it? I guess I could let it go for $75.



C: Oh come on, it’s dented. I’ll give you $15.



S: Really! I might consider a serious offer, but $15 is certainly isn’t serious.



C: Well, I could to to $20, but I would never pay anything like $75. Quote me a realistic price.



S: You rive a hard bargain, young lady. $60 cash, right now.



C: $25.



S: It cost me a great deal more than that. Make me a serious offer.



C: $37.50. That’s the highest I will go.



S: Have you noticed the engraving on that dish? Next year pieces like that will be worth twice
what you pay today.

40

Focus on Interests, Not Positions
 Negotiation

between Egypt and Israel at
Camp David in 1879
 Egyptian Sinai Peninsula occupied by Israel
since the Six Day War in 1967
 Positions
 Egypt:

getting back whole Sinai Peninsula
 Israel: holding part of Sinai Peninsula for
national security
41

Focus on Interests, Not Positions
 interests
 Egypt:

sovereignty

 Israel:

national security

 Result:

returned the whole Sinai Peninsula
to Egypt and de-militarized large area for
security of Israel

42

Insist on using Objective Criteria

















I: Insurance Adjuster; T; Tom
I: We have studied your case and have decided the policy applies. That means you’re entitled
to a settlement of $6,600.
T: I see. How did you reach that figure?
I: That’s how much we decided the car was worth.
T: I understand, but what standard did you use to determine that amount? Do you know
where I can buy a comparable car for that much?
I: How much are you asking for?
T: Whatever I’m entitled to under the policy. I found a secondhand car just about like it for
$7,700. Adding eh sales and excise tax, it would come to about $8,000.
I: $8,000! That’s too much.
T: I’m not asking for $8,000 or $6,000 or $10,000, but for fair compensation. Do you agree that
it’s only fair I get enough to replace the car?
I: OK, I’ll offer you $7,000. That’s the highest I can go. Company policy.
T: How does the company figure that?
I: Look. $7,000 is all you’ll get. Take it or leave it.
T: $7,000 may be fair. I don’t know. I certainly understand your position if you’re bound by
company policy. But unless you can state objectively why that amount is what I’m entitled to, I
think I’ll do better in court. Why don’t we study the matter and talk again? Is Wednesday at
eleven a good time to talk?
….

43

Insist on using Objective Criteria















….
I: Ok, Mr. Griffith, I’ve got an adhere in today’s paper offering an ‘89 Taurus
for $6,800.
T: I see. What does it say about mileage?
I: 49,000. Why?
T: Because mine only had 25,000 miles. How many dollars does that increase
the worth in your book?
I: Let me see … $450.
T: Assuming the $6,800 as one possible base, that brings the figure to $7,250.
Does the ad say anything about a radio?
I: No.
T: How much extra for that in your book?
I: $125.
T: How much for air conditioning?
……
A half-hour later Tom walked out with a check for $8,024.
44


Slide 38

Negotiation

1

Outline
 standard

terms of negotiation

 examples

of negotiation

 David
 price

and Goliath

negotiation in a channel

 force-cost
a

reduction

company and a government

 preparation

and tactics of negotiation
2

Standard Terms in Negotiating

3

Negotiation


formal communication to seek mutual agreement


usually verbally



often between two sides



on sharing and allocation of resources, cost,
benefits, etc.



skills


required preparation



sharpened by practice
4

Terms in Negotiation
 BATNA

(best alternative to a negotiated
agreement) (底線)

 positions

(立場)

 interests

(利益)

 needs

(需要)

 wants

(願望)
5

Conditions to Use Negotiation
 expensive

operations



high-value, large-volume contract



complex technical requirements on product and
process, possibly evolving specifications



capital-intensive items, e.g., plant and equipment



special buyer-supplier relationship



important value-adding activities required from
suppler
6

Examples

7

Which Side Won?
 rental

negotiation

age
group size
status
company
Position in company

Party A
middle age
two, couple
landlord
local
owner

Party B
20’s
single
potential tenant
foreign
employee

8

Which Side Won?
 story
 potential

tenant slow in responding

 property

price gone up

 higher

rental expected by developers

9

Rental Contract Negotiation
by Mr. Stanley Yen
 Mr

Stanley Yen

 1971

June: started as a messenger in the
Taiwan branch of American Express (AET)

 1971

end: took care also general affairs of AET

…

 Now:

a living legend in tourism, management,
social welfare, …
10

Rental Contract Negotiation
by Mr. Stanley Yen


Mr. Yen, “How come you do this? As a custom of
foreign company, I recorded the agreed rental in a
memo.”



mutual respect that grew into long-term
employee-employer and then family-type
relationship



lessons


systematic



polite
11

Real-life Negotiation
with Suppliers

12

Examples of Price Negotiation


some general practice: 5th video clipping 00:14:20
to 00:20:20


depending on opponents




intellectual, traditional, personality

possessing information


BANTA and needs of opponents



market price, actual production cost



strengthen and BANTA of my company

13

Jose Ignacio Lopez
de Arriortua

14

Force-cost Reduction
 win-lose
 acting

strategy

personally, offensively, and emotionally

 demanding

 changing

immediate effect

existing contracts

 threatening

reduction or less no business

http://www.projectmagazine.com/monitoring-and-controlling/53cost/270-qforcedq-cost-reduction-how-to-respond
15

Deep Trouble of GM in Early 90’s

Michael H. Moffett and Willian E. Youngdahl (1999) Jose Ignacio Lopez de
Arriortua, Thunderbird International Business Review, 41(2) 179-194

16

Life of Jose Ignacio Lopez






doctorate in industrial engineering
196980: Firestone, Spain
198086: GM European operations, Spain
1986: GM’s Opel, Germany
1987: head of purchasing for Europe




work with Jack Smith to make GM Europe profitable

1992, April: VP of Worldwide purchasing of GM


Jack Smith as president of GM in Spring 92

18

New Rules in Purchasing
by Jose Ignacio Lopez
 new
 all

rules
supply contracts by bidding

a

minimum of 10 bids for a supply contract, at least
one not in north America

 no

favorable treatment of internal suppliers,
70% among all

 50%

productivity improvement by 1995

19

New Rules in Purchasing
by Jose Ignacio Lopez
 second

phase: sending GM teams to help
suppliers for improvement and cost
reduction

 mixed

results

 exemplary

in some, e.g., Siemens, reduction of
85% assembly line time; 95 percent of
inventory; 20% of cost

 not

sharing cost sharing in some cases
20

New Rules in Purchasing
by Jose Ignacio Lopez


forced changes of existing supplier contracts


renegotiation of five-year contract, e.g., cuts of supplier
price of 5%, 3%, 2%, 2%, 1% in the next five years



close working relationship with unions



taking proprietary designs from suppliers for open
bidding by other suppliers



sharing insufficient fixed development cost with
suppliers

21

New Rules in Purchasing
by Jose Ignacio Lopez
 results
 saving

$4 bill for GM

 poor

relationship and rating by suppliers

 some

suppliers out of business

 loss


of supplier loyalty in long term

not providing best product, nor best service

 switching

partners at opportunity

22

Concurrent
Chrysler Purchasing Policy
 long-term

partnership with suppliers

 criterion:

contribution to whole product
development and manufacturing process,
not only cost

 involving

suppliers right at the beginning

23

Contract Renegotiation with
*
the Chilean Government

http://www.negotiations.com/case/contract-renegotiation/
24

Contract Renegotiation with the
Chilean Government*




contract renegotiation over the El Teniente copper mine
in Chile in 1960’s
two parties: Kennecott, a U.S. company, and Chilean
government
background: national sentiment in Chile for foreign
companies to exploit its natural resource



overwhelmingly strong BATNA of the Chilean government
either tough financial terms or even expropriating the mine


enough local experts to manage the mine

25

Contract Renegotiation with the
Chilean Government*



What can be done by Kennecott?
a six-step win-win strategy that strengthens Kennecott’s position







1 selling a majority equity of the mining operation to the Chilean
government
2 divesting the fund into US banks; getting an outside loan, to expand the mining
operations (effect: better deal in re-negotiation)
3 having the Chilean government to guarantee the loan, with the guarantee
under the law of New York state
4 insuring as many as possible assets with U.S. backed guarantees (effect: reducing loss
in case of expropriation)
5 negotiating to sell output from expansion to clients in Europe and North
America (effect: diversifying customer base)
6 lastly selling the rights of the new contracts to a consortium of financial
institutions from Japan, the United States and Europe (effect: multi-party negotiation
in future contract renegotiation, with parties having other interests with the Chile
Government)

http://www.negotiations.com/case/contract-renegotiation/

26

Contract Renegotiation with the
Chilean Government
 final

remark: expropriation years later but
much better position for Kennecott in
negotiation

27

Preparation and Tactics
in Negotiating

28

Preparation for Negotiation
 identify

participants and set up a team

 develop

objectives

 e.g.,

price, quality, form of collaboration,
service level, long-term relationship

 gather

relevant information

 market

price, historical prices, actual cost of
supplier, history, financial strength, quality,
service level, management of supplier, possible
negotiator from supplier …
29

Preparation for Negotiation
 analyze

strengths & weaknesses for
suppliers and oneself
 for

both sides, e.g.,

 how

important is the supplier to us

 how

much time we have

 any

other backup supplier

 how

important is the order for the supplier

 financial

strength of the supplier
30

Preparation for Negotiation
 recognize
 deduce

 identify
 to

other party’s needs

real needs in others’ perspectives

common goals and facts agreed

simplify discussion

 identify

issues to discuss

 (potential)

differences between the two sides

31

Preparation for Negotiation
 establish
 develop
 brief

positions and BATNA

strategies and tactics

personnel

 practice

the negotiation

32

Tactics







argue based on facts
answer carefully
mind other side’s feeling
know the deadline
avoid trapping oneself in a
corner









e.g., “accept or no deal”

have courage to say no
start with lowest
start with highest
show honesty
take the initiative
listen



disappearance of key persons



never give up



fictitious competition


unethical



order issues



take a rest to cool down



check security



select venue



use threat



side track the issue



raise questions



keep silent
33

Concessions


give-and-take being common in negotiation



guidelines for making concessions


reserve room for concessions



first understand the other side’s needs and objectives



first to concede minor but not the first to concede major



portray unimportant concessions as valuable



fight before every concession
34

Concessions
 guidelines
 give,

for making concessions

and remember to take

 concede
 never

slowly and by little

reveal deadline

 say

“no” occasionally

 try

not to retrieve concessions

 record

of concessions
35

Power in Negotiation
power: the ability to influence
 sources of negotiating power


informational power: presenting relevant facts and
persuasive argument
 reward power
 coercive power
 legitimate power: credentials of experts
 referent power: socially acceptable personal qualities
and attributes, e.g., physical, honesty, charisma,
friendliness, sensitivity


36

Win-Win Negotiation


win-lose – competitive or distributive bargaining



win-win – collaboration or integrative bargaining


beneficial to both sides usually by increasing value or expanding
resources to all participants



equitable sharing of profit or cost



tactics


expand the pie



logroll



compensation for compliance



a bridge solution

37

Getting to Yes
Negotiating Agreement Without Giving In
By Roger Fisher & William Ury

38

Tips from the Book
 don’t

bargain over positions

 separate
 focus

on interests, not positions

 invent
 insist

the people from the problem

options for Mutual Gain

on using objective criteria

39

Don’t Bargain Over Positions


C: customer; S: Shopkeeper



C: How much do you want for this brass dish?



S: That is beautiful antique, isn’t it? I guess I could let it go for $75.



C: Oh come on, it’s dented. I’ll give you $15.



S: Really! I might consider a serious offer, but $15 is certainly isn’t serious.



C: Well, I could to to $20, but I would never pay anything like $75. Quote me a realistic price.



S: You rive a hard bargain, young lady. $60 cash, right now.



C: $25.



S: It cost me a great deal more than that. Make me a serious offer.



C: $37.50. That’s the highest I will go.



S: Have you noticed the engraving on that dish? Next year pieces like that will be worth twice
what you pay today.

40

Focus on Interests, Not Positions
 Negotiation

between Egypt and Israel at
Camp David in 1879
 Egyptian Sinai Peninsula occupied by Israel
since the Six Day War in 1967
 Positions
 Egypt:

getting back whole Sinai Peninsula
 Israel: holding part of Sinai Peninsula for
national security
41

Focus on Interests, Not Positions
 interests
 Egypt:

sovereignty

 Israel:

national security

 Result:

returned the whole Sinai Peninsula
to Egypt and de-militarized large area for
security of Israel

42

Insist on using Objective Criteria

















I: Insurance Adjuster; T; Tom
I: We have studied your case and have decided the policy applies. That means you’re entitled
to a settlement of $6,600.
T: I see. How did you reach that figure?
I: That’s how much we decided the car was worth.
T: I understand, but what standard did you use to determine that amount? Do you know
where I can buy a comparable car for that much?
I: How much are you asking for?
T: Whatever I’m entitled to under the policy. I found a secondhand car just about like it for
$7,700. Adding eh sales and excise tax, it would come to about $8,000.
I: $8,000! That’s too much.
T: I’m not asking for $8,000 or $6,000 or $10,000, but for fair compensation. Do you agree that
it’s only fair I get enough to replace the car?
I: OK, I’ll offer you $7,000. That’s the highest I can go. Company policy.
T: How does the company figure that?
I: Look. $7,000 is all you’ll get. Take it or leave it.
T: $7,000 may be fair. I don’t know. I certainly understand your position if you’re bound by
company policy. But unless you can state objectively why that amount is what I’m entitled to, I
think I’ll do better in court. Why don’t we study the matter and talk again? Is Wednesday at
eleven a good time to talk?
….

43

Insist on using Objective Criteria















….
I: Ok, Mr. Griffith, I’ve got an adhere in today’s paper offering an ‘89 Taurus
for $6,800.
T: I see. What does it say about mileage?
I: 49,000. Why?
T: Because mine only had 25,000 miles. How many dollars does that increase
the worth in your book?
I: Let me see … $450.
T: Assuming the $6,800 as one possible base, that brings the figure to $7,250.
Does the ad say anything about a radio?
I: No.
T: How much extra for that in your book?
I: $125.
T: How much for air conditioning?
……
A half-hour later Tom walked out with a check for $8,024.
44


Slide 39

Negotiation

1

Outline
 standard

terms of negotiation

 examples

of negotiation

 David
 price

and Goliath

negotiation in a channel

 force-cost
a

reduction

company and a government

 preparation

and tactics of negotiation
2

Standard Terms in Negotiating

3

Negotiation


formal communication to seek mutual agreement


usually verbally



often between two sides



on sharing and allocation of resources, cost,
benefits, etc.



skills


required preparation



sharpened by practice
4

Terms in Negotiation
 BATNA

(best alternative to a negotiated
agreement) (底線)

 positions

(立場)

 interests

(利益)

 needs

(需要)

 wants

(願望)
5

Conditions to Use Negotiation
 expensive

operations



high-value, large-volume contract



complex technical requirements on product and
process, possibly evolving specifications



capital-intensive items, e.g., plant and equipment



special buyer-supplier relationship



important value-adding activities required from
suppler
6

Examples

7

Which Side Won?
 rental

negotiation

age
group size
status
company
Position in company

Party A
middle age
two, couple
landlord
local
owner

Party B
20’s
single
potential tenant
foreign
employee

8

Which Side Won?
 story
 potential

tenant slow in responding

 property

price gone up

 higher

rental expected by developers

9

Rental Contract Negotiation
by Mr. Stanley Yen
 Mr

Stanley Yen

 1971

June: started as a messenger in the
Taiwan branch of American Express (AET)

 1971

end: took care also general affairs of AET

…

 Now:

a living legend in tourism, management,
social welfare, …
10

Rental Contract Negotiation
by Mr. Stanley Yen


Mr. Yen, “How come you do this? As a custom of
foreign company, I recorded the agreed rental in a
memo.”



mutual respect that grew into long-term
employee-employer and then family-type
relationship



lessons


systematic



polite
11

Real-life Negotiation
with Suppliers

12

Examples of Price Negotiation


some general practice: 5th video clipping 00:14:20
to 00:20:20


depending on opponents




intellectual, traditional, personality

possessing information


BANTA and needs of opponents



market price, actual production cost



strengthen and BANTA of my company

13

Jose Ignacio Lopez
de Arriortua

14

Force-cost Reduction
 win-lose
 acting

strategy

personally, offensively, and emotionally

 demanding

 changing

immediate effect

existing contracts

 threatening

reduction or less no business

http://www.projectmagazine.com/monitoring-and-controlling/53cost/270-qforcedq-cost-reduction-how-to-respond
15

Deep Trouble of GM in Early 90’s

Michael H. Moffett and Willian E. Youngdahl (1999) Jose Ignacio Lopez de
Arriortua, Thunderbird International Business Review, 41(2) 179-194

16

Life of Jose Ignacio Lopez






doctorate in industrial engineering
196980: Firestone, Spain
198086: GM European operations, Spain
1986: GM’s Opel, Germany
1987: head of purchasing for Europe




work with Jack Smith to make GM Europe profitable

1992, April: VP of Worldwide purchasing of GM


Jack Smith as president of GM in Spring 92

18

New Rules in Purchasing
by Jose Ignacio Lopez
 new
 all

rules
supply contracts by bidding

a

minimum of 10 bids for a supply contract, at least
one not in north America

 no

favorable treatment of internal suppliers,
70% among all

 50%

productivity improvement by 1995

19

New Rules in Purchasing
by Jose Ignacio Lopez
 second

phase: sending GM teams to help
suppliers for improvement and cost
reduction

 mixed

results

 exemplary

in some, e.g., Siemens, reduction of
85% assembly line time; 95 percent of
inventory; 20% of cost

 not

sharing cost sharing in some cases
20

New Rules in Purchasing
by Jose Ignacio Lopez


forced changes of existing supplier contracts


renegotiation of five-year contract, e.g., cuts of supplier
price of 5%, 3%, 2%, 2%, 1% in the next five years



close working relationship with unions



taking proprietary designs from suppliers for open
bidding by other suppliers



sharing insufficient fixed development cost with
suppliers

21

New Rules in Purchasing
by Jose Ignacio Lopez
 results
 saving

$4 bill for GM

 poor

relationship and rating by suppliers

 some

suppliers out of business

 loss


of supplier loyalty in long term

not providing best product, nor best service

 switching

partners at opportunity

22

Concurrent
Chrysler Purchasing Policy
 long-term

partnership with suppliers

 criterion:

contribution to whole product
development and manufacturing process,
not only cost

 involving

suppliers right at the beginning

23

Contract Renegotiation with
*
the Chilean Government

http://www.negotiations.com/case/contract-renegotiation/
24

Contract Renegotiation with the
Chilean Government*




contract renegotiation over the El Teniente copper mine
in Chile in 1960’s
two parties: Kennecott, a U.S. company, and Chilean
government
background: national sentiment in Chile for foreign
companies to exploit its natural resource



overwhelmingly strong BATNA of the Chilean government
either tough financial terms or even expropriating the mine


enough local experts to manage the mine

25

Contract Renegotiation with the
Chilean Government*



What can be done by Kennecott?
a six-step win-win strategy that strengthens Kennecott’s position







1 selling a majority equity of the mining operation to the Chilean
government
2 divesting the fund into US banks; getting an outside loan, to expand the mining
operations (effect: better deal in re-negotiation)
3 having the Chilean government to guarantee the loan, with the guarantee
under the law of New York state
4 insuring as many as possible assets with U.S. backed guarantees (effect: reducing loss
in case of expropriation)
5 negotiating to sell output from expansion to clients in Europe and North
America (effect: diversifying customer base)
6 lastly selling the rights of the new contracts to a consortium of financial
institutions from Japan, the United States and Europe (effect: multi-party negotiation
in future contract renegotiation, with parties having other interests with the Chile
Government)

http://www.negotiations.com/case/contract-renegotiation/

26

Contract Renegotiation with the
Chilean Government
 final

remark: expropriation years later but
much better position for Kennecott in
negotiation

27

Preparation and Tactics
in Negotiating

28

Preparation for Negotiation
 identify

participants and set up a team

 develop

objectives

 e.g.,

price, quality, form of collaboration,
service level, long-term relationship

 gather

relevant information

 market

price, historical prices, actual cost of
supplier, history, financial strength, quality,
service level, management of supplier, possible
negotiator from supplier …
29

Preparation for Negotiation
 analyze

strengths & weaknesses for
suppliers and oneself
 for

both sides, e.g.,

 how

important is the supplier to us

 how

much time we have

 any

other backup supplier

 how

important is the order for the supplier

 financial

strength of the supplier
30

Preparation for Negotiation
 recognize
 deduce

 identify
 to

other party’s needs

real needs in others’ perspectives

common goals and facts agreed

simplify discussion

 identify

issues to discuss

 (potential)

differences between the two sides

31

Preparation for Negotiation
 establish
 develop
 brief

positions and BATNA

strategies and tactics

personnel

 practice

the negotiation

32

Tactics







argue based on facts
answer carefully
mind other side’s feeling
know the deadline
avoid trapping oneself in a
corner









e.g., “accept or no deal”

have courage to say no
start with lowest
start with highest
show honesty
take the initiative
listen



disappearance of key persons



never give up



fictitious competition


unethical



order issues



take a rest to cool down



check security



select venue



use threat



side track the issue



raise questions



keep silent
33

Concessions


give-and-take being common in negotiation



guidelines for making concessions


reserve room for concessions



first understand the other side’s needs and objectives



first to concede minor but not the first to concede major



portray unimportant concessions as valuable



fight before every concession
34

Concessions
 guidelines
 give,

for making concessions

and remember to take

 concede
 never

slowly and by little

reveal deadline

 say

“no” occasionally

 try

not to retrieve concessions

 record

of concessions
35

Power in Negotiation
power: the ability to influence
 sources of negotiating power


informational power: presenting relevant facts and
persuasive argument
 reward power
 coercive power
 legitimate power: credentials of experts
 referent power: socially acceptable personal qualities
and attributes, e.g., physical, honesty, charisma,
friendliness, sensitivity


36

Win-Win Negotiation


win-lose – competitive or distributive bargaining



win-win – collaboration or integrative bargaining


beneficial to both sides usually by increasing value or expanding
resources to all participants



equitable sharing of profit or cost



tactics


expand the pie



logroll



compensation for compliance



a bridge solution

37

Getting to Yes
Negotiating Agreement Without Giving In
By Roger Fisher & William Ury

38

Tips from the Book
 don’t

bargain over positions

 separate
 focus

on interests, not positions

 invent
 insist

the people from the problem

options for Mutual Gain

on using objective criteria

39

Don’t Bargain Over Positions


C: customer; S: Shopkeeper



C: How much do you want for this brass dish?



S: That is beautiful antique, isn’t it? I guess I could let it go for $75.



C: Oh come on, it’s dented. I’ll give you $15.



S: Really! I might consider a serious offer, but $15 is certainly isn’t serious.



C: Well, I could to to $20, but I would never pay anything like $75. Quote me a realistic price.



S: You rive a hard bargain, young lady. $60 cash, right now.



C: $25.



S: It cost me a great deal more than that. Make me a serious offer.



C: $37.50. That’s the highest I will go.



S: Have you noticed the engraving on that dish? Next year pieces like that will be worth twice
what you pay today.

40

Focus on Interests, Not Positions
 Negotiation

between Egypt and Israel at
Camp David in 1879
 Egyptian Sinai Peninsula occupied by Israel
since the Six Day War in 1967
 Positions
 Egypt:

getting back whole Sinai Peninsula
 Israel: holding part of Sinai Peninsula for
national security
41

Focus on Interests, Not Positions
 interests
 Egypt:

sovereignty

 Israel:

national security

 Result:

returned the whole Sinai Peninsula
to Egypt and de-militarized large area for
security of Israel

42

Insist on using Objective Criteria

















I: Insurance Adjuster; T; Tom
I: We have studied your case and have decided the policy applies. That means you’re entitled
to a settlement of $6,600.
T: I see. How did you reach that figure?
I: That’s how much we decided the car was worth.
T: I understand, but what standard did you use to determine that amount? Do you know
where I can buy a comparable car for that much?
I: How much are you asking for?
T: Whatever I’m entitled to under the policy. I found a secondhand car just about like it for
$7,700. Adding eh sales and excise tax, it would come to about $8,000.
I: $8,000! That’s too much.
T: I’m not asking for $8,000 or $6,000 or $10,000, but for fair compensation. Do you agree that
it’s only fair I get enough to replace the car?
I: OK, I’ll offer you $7,000. That’s the highest I can go. Company policy.
T: How does the company figure that?
I: Look. $7,000 is all you’ll get. Take it or leave it.
T: $7,000 may be fair. I don’t know. I certainly understand your position if you’re bound by
company policy. But unless you can state objectively why that amount is what I’m entitled to, I
think I’ll do better in court. Why don’t we study the matter and talk again? Is Wednesday at
eleven a good time to talk?
….

43

Insist on using Objective Criteria















….
I: Ok, Mr. Griffith, I’ve got an adhere in today’s paper offering an ‘89 Taurus
for $6,800.
T: I see. What does it say about mileage?
I: 49,000. Why?
T: Because mine only had 25,000 miles. How many dollars does that increase
the worth in your book?
I: Let me see … $450.
T: Assuming the $6,800 as one possible base, that brings the figure to $7,250.
Does the ad say anything about a radio?
I: No.
T: How much extra for that in your book?
I: $125.
T: How much for air conditioning?
……
A half-hour later Tom walked out with a check for $8,024.
44


Slide 40

Negotiation

1

Outline
 standard

terms of negotiation

 examples

of negotiation

 David
 price

and Goliath

negotiation in a channel

 force-cost
a

reduction

company and a government

 preparation

and tactics of negotiation
2

Standard Terms in Negotiating

3

Negotiation


formal communication to seek mutual agreement


usually verbally



often between two sides



on sharing and allocation of resources, cost,
benefits, etc.



skills


required preparation



sharpened by practice
4

Terms in Negotiation
 BATNA

(best alternative to a negotiated
agreement) (底線)

 positions

(立場)

 interests

(利益)

 needs

(需要)

 wants

(願望)
5

Conditions to Use Negotiation
 expensive

operations



high-value, large-volume contract



complex technical requirements on product and
process, possibly evolving specifications



capital-intensive items, e.g., plant and equipment



special buyer-supplier relationship



important value-adding activities required from
suppler
6

Examples

7

Which Side Won?
 rental

negotiation

age
group size
status
company
Position in company

Party A
middle age
two, couple
landlord
local
owner

Party B
20’s
single
potential tenant
foreign
employee

8

Which Side Won?
 story
 potential

tenant slow in responding

 property

price gone up

 higher

rental expected by developers

9

Rental Contract Negotiation
by Mr. Stanley Yen
 Mr

Stanley Yen

 1971

June: started as a messenger in the
Taiwan branch of American Express (AET)

 1971

end: took care also general affairs of AET

…

 Now:

a living legend in tourism, management,
social welfare, …
10

Rental Contract Negotiation
by Mr. Stanley Yen


Mr. Yen, “How come you do this? As a custom of
foreign company, I recorded the agreed rental in a
memo.”



mutual respect that grew into long-term
employee-employer and then family-type
relationship



lessons


systematic



polite
11

Real-life Negotiation
with Suppliers

12

Examples of Price Negotiation


some general practice: 5th video clipping 00:14:20
to 00:20:20


depending on opponents




intellectual, traditional, personality

possessing information


BANTA and needs of opponents



market price, actual production cost



strengthen and BANTA of my company

13

Jose Ignacio Lopez
de Arriortua

14

Force-cost Reduction
 win-lose
 acting

strategy

personally, offensively, and emotionally

 demanding

 changing

immediate effect

existing contracts

 threatening

reduction or less no business

http://www.projectmagazine.com/monitoring-and-controlling/53cost/270-qforcedq-cost-reduction-how-to-respond
15

Deep Trouble of GM in Early 90’s

Michael H. Moffett and Willian E. Youngdahl (1999) Jose Ignacio Lopez de
Arriortua, Thunderbird International Business Review, 41(2) 179-194

16

Life of Jose Ignacio Lopez






doctorate in industrial engineering
196980: Firestone, Spain
198086: GM European operations, Spain
1986: GM’s Opel, Germany
1987: head of purchasing for Europe




work with Jack Smith to make GM Europe profitable

1992, April: VP of Worldwide purchasing of GM


Jack Smith as president of GM in Spring 92

18

New Rules in Purchasing
by Jose Ignacio Lopez
 new
 all

rules
supply contracts by bidding

a

minimum of 10 bids for a supply contract, at least
one not in north America

 no

favorable treatment of internal suppliers,
70% among all

 50%

productivity improvement by 1995

19

New Rules in Purchasing
by Jose Ignacio Lopez
 second

phase: sending GM teams to help
suppliers for improvement and cost
reduction

 mixed

results

 exemplary

in some, e.g., Siemens, reduction of
85% assembly line time; 95 percent of
inventory; 20% of cost

 not

sharing cost sharing in some cases
20

New Rules in Purchasing
by Jose Ignacio Lopez


forced changes of existing supplier contracts


renegotiation of five-year contract, e.g., cuts of supplier
price of 5%, 3%, 2%, 2%, 1% in the next five years



close working relationship with unions



taking proprietary designs from suppliers for open
bidding by other suppliers



sharing insufficient fixed development cost with
suppliers

21

New Rules in Purchasing
by Jose Ignacio Lopez
 results
 saving

$4 bill for GM

 poor

relationship and rating by suppliers

 some

suppliers out of business

 loss


of supplier loyalty in long term

not providing best product, nor best service

 switching

partners at opportunity

22

Concurrent
Chrysler Purchasing Policy
 long-term

partnership with suppliers

 criterion:

contribution to whole product
development and manufacturing process,
not only cost

 involving

suppliers right at the beginning

23

Contract Renegotiation with
*
the Chilean Government

http://www.negotiations.com/case/contract-renegotiation/
24

Contract Renegotiation with the
Chilean Government*




contract renegotiation over the El Teniente copper mine
in Chile in 1960’s
two parties: Kennecott, a U.S. company, and Chilean
government
background: national sentiment in Chile for foreign
companies to exploit its natural resource



overwhelmingly strong BATNA of the Chilean government
either tough financial terms or even expropriating the mine


enough local experts to manage the mine

25

Contract Renegotiation with the
Chilean Government*



What can be done by Kennecott?
a six-step win-win strategy that strengthens Kennecott’s position







1 selling a majority equity of the mining operation to the Chilean
government
2 divesting the fund into US banks; getting an outside loan, to expand the mining
operations (effect: better deal in re-negotiation)
3 having the Chilean government to guarantee the loan, with the guarantee
under the law of New York state
4 insuring as many as possible assets with U.S. backed guarantees (effect: reducing loss
in case of expropriation)
5 negotiating to sell output from expansion to clients in Europe and North
America (effect: diversifying customer base)
6 lastly selling the rights of the new contracts to a consortium of financial
institutions from Japan, the United States and Europe (effect: multi-party negotiation
in future contract renegotiation, with parties having other interests with the Chile
Government)

http://www.negotiations.com/case/contract-renegotiation/

26

Contract Renegotiation with the
Chilean Government
 final

remark: expropriation years later but
much better position for Kennecott in
negotiation

27

Preparation and Tactics
in Negotiating

28

Preparation for Negotiation
 identify

participants and set up a team

 develop

objectives

 e.g.,

price, quality, form of collaboration,
service level, long-term relationship

 gather

relevant information

 market

price, historical prices, actual cost of
supplier, history, financial strength, quality,
service level, management of supplier, possible
negotiator from supplier …
29

Preparation for Negotiation
 analyze

strengths & weaknesses for
suppliers and oneself
 for

both sides, e.g.,

 how

important is the supplier to us

 how

much time we have

 any

other backup supplier

 how

important is the order for the supplier

 financial

strength of the supplier
30

Preparation for Negotiation
 recognize
 deduce

 identify
 to

other party’s needs

real needs in others’ perspectives

common goals and facts agreed

simplify discussion

 identify

issues to discuss

 (potential)

differences between the two sides

31

Preparation for Negotiation
 establish
 develop
 brief

positions and BATNA

strategies and tactics

personnel

 practice

the negotiation

32

Tactics







argue based on facts
answer carefully
mind other side’s feeling
know the deadline
avoid trapping oneself in a
corner









e.g., “accept or no deal”

have courage to say no
start with lowest
start with highest
show honesty
take the initiative
listen



disappearance of key persons



never give up



fictitious competition


unethical



order issues



take a rest to cool down



check security



select venue



use threat



side track the issue



raise questions



keep silent
33

Concessions


give-and-take being common in negotiation



guidelines for making concessions


reserve room for concessions



first understand the other side’s needs and objectives



first to concede minor but not the first to concede major



portray unimportant concessions as valuable



fight before every concession
34

Concessions
 guidelines
 give,

for making concessions

and remember to take

 concede
 never

slowly and by little

reveal deadline

 say

“no” occasionally

 try

not to retrieve concessions

 record

of concessions
35

Power in Negotiation
power: the ability to influence
 sources of negotiating power


informational power: presenting relevant facts and
persuasive argument
 reward power
 coercive power
 legitimate power: credentials of experts
 referent power: socially acceptable personal qualities
and attributes, e.g., physical, honesty, charisma,
friendliness, sensitivity


36

Win-Win Negotiation


win-lose – competitive or distributive bargaining



win-win – collaboration or integrative bargaining


beneficial to both sides usually by increasing value or expanding
resources to all participants



equitable sharing of profit or cost



tactics


expand the pie



logroll



compensation for compliance



a bridge solution

37

Getting to Yes
Negotiating Agreement Without Giving In
By Roger Fisher & William Ury

38

Tips from the Book
 don’t

bargain over positions

 separate
 focus

on interests, not positions

 invent
 insist

the people from the problem

options for Mutual Gain

on using objective criteria

39

Don’t Bargain Over Positions


C: customer; S: Shopkeeper



C: How much do you want for this brass dish?



S: That is beautiful antique, isn’t it? I guess I could let it go for $75.



C: Oh come on, it’s dented. I’ll give you $15.



S: Really! I might consider a serious offer, but $15 is certainly isn’t serious.



C: Well, I could to to $20, but I would never pay anything like $75. Quote me a realistic price.



S: You rive a hard bargain, young lady. $60 cash, right now.



C: $25.



S: It cost me a great deal more than that. Make me a serious offer.



C: $37.50. That’s the highest I will go.



S: Have you noticed the engraving on that dish? Next year pieces like that will be worth twice
what you pay today.

40

Focus on Interests, Not Positions
 Negotiation

between Egypt and Israel at
Camp David in 1879
 Egyptian Sinai Peninsula occupied by Israel
since the Six Day War in 1967
 Positions
 Egypt:

getting back whole Sinai Peninsula
 Israel: holding part of Sinai Peninsula for
national security
41

Focus on Interests, Not Positions
 interests
 Egypt:

sovereignty

 Israel:

national security

 Result:

returned the whole Sinai Peninsula
to Egypt and de-militarized large area for
security of Israel

42

Insist on using Objective Criteria

















I: Insurance Adjuster; T; Tom
I: We have studied your case and have decided the policy applies. That means you’re entitled
to a settlement of $6,600.
T: I see. How did you reach that figure?
I: That’s how much we decided the car was worth.
T: I understand, but what standard did you use to determine that amount? Do you know
where I can buy a comparable car for that much?
I: How much are you asking for?
T: Whatever I’m entitled to under the policy. I found a secondhand car just about like it for
$7,700. Adding eh sales and excise tax, it would come to about $8,000.
I: $8,000! That’s too much.
T: I’m not asking for $8,000 or $6,000 or $10,000, but for fair compensation. Do you agree that
it’s only fair I get enough to replace the car?
I: OK, I’ll offer you $7,000. That’s the highest I can go. Company policy.
T: How does the company figure that?
I: Look. $7,000 is all you’ll get. Take it or leave it.
T: $7,000 may be fair. I don’t know. I certainly understand your position if you’re bound by
company policy. But unless you can state objectively why that amount is what I’m entitled to, I
think I’ll do better in court. Why don’t we study the matter and talk again? Is Wednesday at
eleven a good time to talk?
….

43

Insist on using Objective Criteria















….
I: Ok, Mr. Griffith, I’ve got an adhere in today’s paper offering an ‘89 Taurus
for $6,800.
T: I see. What does it say about mileage?
I: 49,000. Why?
T: Because mine only had 25,000 miles. How many dollars does that increase
the worth in your book?
I: Let me see … $450.
T: Assuming the $6,800 as one possible base, that brings the figure to $7,250.
Does the ad say anything about a radio?
I: No.
T: How much extra for that in your book?
I: $125.
T: How much for air conditioning?
……
A half-hour later Tom walked out with a check for $8,024.
44


Slide 41

Negotiation

1

Outline
 standard

terms of negotiation

 examples

of negotiation

 David
 price

and Goliath

negotiation in a channel

 force-cost
a

reduction

company and a government

 preparation

and tactics of negotiation
2

Standard Terms in Negotiating

3

Negotiation


formal communication to seek mutual agreement


usually verbally



often between two sides



on sharing and allocation of resources, cost,
benefits, etc.



skills


required preparation



sharpened by practice
4

Terms in Negotiation
 BATNA

(best alternative to a negotiated
agreement) (底線)

 positions

(立場)

 interests

(利益)

 needs

(需要)

 wants

(願望)
5

Conditions to Use Negotiation
 expensive

operations



high-value, large-volume contract



complex technical requirements on product and
process, possibly evolving specifications



capital-intensive items, e.g., plant and equipment



special buyer-supplier relationship



important value-adding activities required from
suppler
6

Examples

7

Which Side Won?
 rental

negotiation

age
group size
status
company
Position in company

Party A
middle age
two, couple
landlord
local
owner

Party B
20’s
single
potential tenant
foreign
employee

8

Which Side Won?
 story
 potential

tenant slow in responding

 property

price gone up

 higher

rental expected by developers

9

Rental Contract Negotiation
by Mr. Stanley Yen
 Mr

Stanley Yen

 1971

June: started as a messenger in the
Taiwan branch of American Express (AET)

 1971

end: took care also general affairs of AET

…

 Now:

a living legend in tourism, management,
social welfare, …
10

Rental Contract Negotiation
by Mr. Stanley Yen


Mr. Yen, “How come you do this? As a custom of
foreign company, I recorded the agreed rental in a
memo.”



mutual respect that grew into long-term
employee-employer and then family-type
relationship



lessons


systematic



polite
11

Real-life Negotiation
with Suppliers

12

Examples of Price Negotiation


some general practice: 5th video clipping 00:14:20
to 00:20:20


depending on opponents




intellectual, traditional, personality

possessing information


BANTA and needs of opponents



market price, actual production cost



strengthen and BANTA of my company

13

Jose Ignacio Lopez
de Arriortua

14

Force-cost Reduction
 win-lose
 acting

strategy

personally, offensively, and emotionally

 demanding

 changing

immediate effect

existing contracts

 threatening

reduction or less no business

http://www.projectmagazine.com/monitoring-and-controlling/53cost/270-qforcedq-cost-reduction-how-to-respond
15

Deep Trouble of GM in Early 90’s

Michael H. Moffett and Willian E. Youngdahl (1999) Jose Ignacio Lopez de
Arriortua, Thunderbird International Business Review, 41(2) 179-194

16

Life of Jose Ignacio Lopez






doctorate in industrial engineering
196980: Firestone, Spain
198086: GM European operations, Spain
1986: GM’s Opel, Germany
1987: head of purchasing for Europe




work with Jack Smith to make GM Europe profitable

1992, April: VP of Worldwide purchasing of GM


Jack Smith as president of GM in Spring 92

18

New Rules in Purchasing
by Jose Ignacio Lopez
 new
 all

rules
supply contracts by bidding

a

minimum of 10 bids for a supply contract, at least
one not in north America

 no

favorable treatment of internal suppliers,
70% among all

 50%

productivity improvement by 1995

19

New Rules in Purchasing
by Jose Ignacio Lopez
 second

phase: sending GM teams to help
suppliers for improvement and cost
reduction

 mixed

results

 exemplary

in some, e.g., Siemens, reduction of
85% assembly line time; 95 percent of
inventory; 20% of cost

 not

sharing cost sharing in some cases
20

New Rules in Purchasing
by Jose Ignacio Lopez


forced changes of existing supplier contracts


renegotiation of five-year contract, e.g., cuts of supplier
price of 5%, 3%, 2%, 2%, 1% in the next five years



close working relationship with unions



taking proprietary designs from suppliers for open
bidding by other suppliers



sharing insufficient fixed development cost with
suppliers

21

New Rules in Purchasing
by Jose Ignacio Lopez
 results
 saving

$4 bill for GM

 poor

relationship and rating by suppliers

 some

suppliers out of business

 loss


of supplier loyalty in long term

not providing best product, nor best service

 switching

partners at opportunity

22

Concurrent
Chrysler Purchasing Policy
 long-term

partnership with suppliers

 criterion:

contribution to whole product
development and manufacturing process,
not only cost

 involving

suppliers right at the beginning

23

Contract Renegotiation with
*
the Chilean Government

http://www.negotiations.com/case/contract-renegotiation/
24

Contract Renegotiation with the
Chilean Government*




contract renegotiation over the El Teniente copper mine
in Chile in 1960’s
two parties: Kennecott, a U.S. company, and Chilean
government
background: national sentiment in Chile for foreign
companies to exploit its natural resource



overwhelmingly strong BATNA of the Chilean government
either tough financial terms or even expropriating the mine


enough local experts to manage the mine

25

Contract Renegotiation with the
Chilean Government*



What can be done by Kennecott?
a six-step win-win strategy that strengthens Kennecott’s position







1 selling a majority equity of the mining operation to the Chilean
government
2 divesting the fund into US banks; getting an outside loan, to expand the mining
operations (effect: better deal in re-negotiation)
3 having the Chilean government to guarantee the loan, with the guarantee
under the law of New York state
4 insuring as many as possible assets with U.S. backed guarantees (effect: reducing loss
in case of expropriation)
5 negotiating to sell output from expansion to clients in Europe and North
America (effect: diversifying customer base)
6 lastly selling the rights of the new contracts to a consortium of financial
institutions from Japan, the United States and Europe (effect: multi-party negotiation
in future contract renegotiation, with parties having other interests with the Chile
Government)

http://www.negotiations.com/case/contract-renegotiation/

26

Contract Renegotiation with the
Chilean Government
 final

remark: expropriation years later but
much better position for Kennecott in
negotiation

27

Preparation and Tactics
in Negotiating

28

Preparation for Negotiation
 identify

participants and set up a team

 develop

objectives

 e.g.,

price, quality, form of collaboration,
service level, long-term relationship

 gather

relevant information

 market

price, historical prices, actual cost of
supplier, history, financial strength, quality,
service level, management of supplier, possible
negotiator from supplier …
29

Preparation for Negotiation
 analyze

strengths & weaknesses for
suppliers and oneself
 for

both sides, e.g.,

 how

important is the supplier to us

 how

much time we have

 any

other backup supplier

 how

important is the order for the supplier

 financial

strength of the supplier
30

Preparation for Negotiation
 recognize
 deduce

 identify
 to

other party’s needs

real needs in others’ perspectives

common goals and facts agreed

simplify discussion

 identify

issues to discuss

 (potential)

differences between the two sides

31

Preparation for Negotiation
 establish
 develop
 brief

positions and BATNA

strategies and tactics

personnel

 practice

the negotiation

32

Tactics







argue based on facts
answer carefully
mind other side’s feeling
know the deadline
avoid trapping oneself in a
corner









e.g., “accept or no deal”

have courage to say no
start with lowest
start with highest
show honesty
take the initiative
listen



disappearance of key persons



never give up



fictitious competition


unethical



order issues



take a rest to cool down



check security



select venue



use threat



side track the issue



raise questions



keep silent
33

Concessions


give-and-take being common in negotiation



guidelines for making concessions


reserve room for concessions



first understand the other side’s needs and objectives



first to concede minor but not the first to concede major



portray unimportant concessions as valuable



fight before every concession
34

Concessions
 guidelines
 give,

for making concessions

and remember to take

 concede
 never

slowly and by little

reveal deadline

 say

“no” occasionally

 try

not to retrieve concessions

 record

of concessions
35

Power in Negotiation
power: the ability to influence
 sources of negotiating power


informational power: presenting relevant facts and
persuasive argument
 reward power
 coercive power
 legitimate power: credentials of experts
 referent power: socially acceptable personal qualities
and attributes, e.g., physical, honesty, charisma,
friendliness, sensitivity


36

Win-Win Negotiation


win-lose – competitive or distributive bargaining



win-win – collaboration or integrative bargaining


beneficial to both sides usually by increasing value or expanding
resources to all participants



equitable sharing of profit or cost



tactics


expand the pie



logroll



compensation for compliance



a bridge solution

37

Getting to Yes
Negotiating Agreement Without Giving In
By Roger Fisher & William Ury

38

Tips from the Book
 don’t

bargain over positions

 separate
 focus

on interests, not positions

 invent
 insist

the people from the problem

options for Mutual Gain

on using objective criteria

39

Don’t Bargain Over Positions


C: customer; S: Shopkeeper



C: How much do you want for this brass dish?



S: That is beautiful antique, isn’t it? I guess I could let it go for $75.



C: Oh come on, it’s dented. I’ll give you $15.



S: Really! I might consider a serious offer, but $15 is certainly isn’t serious.



C: Well, I could to to $20, but I would never pay anything like $75. Quote me a realistic price.



S: You rive a hard bargain, young lady. $60 cash, right now.



C: $25.



S: It cost me a great deal more than that. Make me a serious offer.



C: $37.50. That’s the highest I will go.



S: Have you noticed the engraving on that dish? Next year pieces like that will be worth twice
what you pay today.

40

Focus on Interests, Not Positions
 Negotiation

between Egypt and Israel at
Camp David in 1879
 Egyptian Sinai Peninsula occupied by Israel
since the Six Day War in 1967
 Positions
 Egypt:

getting back whole Sinai Peninsula
 Israel: holding part of Sinai Peninsula for
national security
41

Focus on Interests, Not Positions
 interests
 Egypt:

sovereignty

 Israel:

national security

 Result:

returned the whole Sinai Peninsula
to Egypt and de-militarized large area for
security of Israel

42

Insist on using Objective Criteria

















I: Insurance Adjuster; T; Tom
I: We have studied your case and have decided the policy applies. That means you’re entitled
to a settlement of $6,600.
T: I see. How did you reach that figure?
I: That’s how much we decided the car was worth.
T: I understand, but what standard did you use to determine that amount? Do you know
where I can buy a comparable car for that much?
I: How much are you asking for?
T: Whatever I’m entitled to under the policy. I found a secondhand car just about like it for
$7,700. Adding eh sales and excise tax, it would come to about $8,000.
I: $8,000! That’s too much.
T: I’m not asking for $8,000 or $6,000 or $10,000, but for fair compensation. Do you agree that
it’s only fair I get enough to replace the car?
I: OK, I’ll offer you $7,000. That’s the highest I can go. Company policy.
T: How does the company figure that?
I: Look. $7,000 is all you’ll get. Take it or leave it.
T: $7,000 may be fair. I don’t know. I certainly understand your position if you’re bound by
company policy. But unless you can state objectively why that amount is what I’m entitled to, I
think I’ll do better in court. Why don’t we study the matter and talk again? Is Wednesday at
eleven a good time to talk?
….

43

Insist on using Objective Criteria















….
I: Ok, Mr. Griffith, I’ve got an adhere in today’s paper offering an ‘89 Taurus
for $6,800.
T: I see. What does it say about mileage?
I: 49,000. Why?
T: Because mine only had 25,000 miles. How many dollars does that increase
the worth in your book?
I: Let me see … $450.
T: Assuming the $6,800 as one possible base, that brings the figure to $7,250.
Does the ad say anything about a radio?
I: No.
T: How much extra for that in your book?
I: $125.
T: How much for air conditioning?
……
A half-hour later Tom walked out with a check for $8,024.
44


Slide 42

Negotiation

1

Outline
 standard

terms of negotiation

 examples

of negotiation

 David
 price

and Goliath

negotiation in a channel

 force-cost
a

reduction

company and a government

 preparation

and tactics of negotiation
2

Standard Terms in Negotiating

3

Negotiation


formal communication to seek mutual agreement


usually verbally



often between two sides



on sharing and allocation of resources, cost,
benefits, etc.



skills


required preparation



sharpened by practice
4

Terms in Negotiation
 BATNA

(best alternative to a negotiated
agreement) (底線)

 positions

(立場)

 interests

(利益)

 needs

(需要)

 wants

(願望)
5

Conditions to Use Negotiation
 expensive

operations



high-value, large-volume contract



complex technical requirements on product and
process, possibly evolving specifications



capital-intensive items, e.g., plant and equipment



special buyer-supplier relationship



important value-adding activities required from
suppler
6

Examples

7

Which Side Won?
 rental

negotiation

age
group size
status
company
Position in company

Party A
middle age
two, couple
landlord
local
owner

Party B
20’s
single
potential tenant
foreign
employee

8

Which Side Won?
 story
 potential

tenant slow in responding

 property

price gone up

 higher

rental expected by developers

9

Rental Contract Negotiation
by Mr. Stanley Yen
 Mr

Stanley Yen

 1971

June: started as a messenger in the
Taiwan branch of American Express (AET)

 1971

end: took care also general affairs of AET

…

 Now:

a living legend in tourism, management,
social welfare, …
10

Rental Contract Negotiation
by Mr. Stanley Yen


Mr. Yen, “How come you do this? As a custom of
foreign company, I recorded the agreed rental in a
memo.”



mutual respect that grew into long-term
employee-employer and then family-type
relationship



lessons


systematic



polite
11

Real-life Negotiation
with Suppliers

12

Examples of Price Negotiation


some general practice: 5th video clipping 00:14:20
to 00:20:20


depending on opponents




intellectual, traditional, personality

possessing information


BANTA and needs of opponents



market price, actual production cost



strengthen and BANTA of my company

13

Jose Ignacio Lopez
de Arriortua

14

Force-cost Reduction
 win-lose
 acting

strategy

personally, offensively, and emotionally

 demanding

 changing

immediate effect

existing contracts

 threatening

reduction or less no business

http://www.projectmagazine.com/monitoring-and-controlling/53cost/270-qforcedq-cost-reduction-how-to-respond
15

Deep Trouble of GM in Early 90’s

Michael H. Moffett and Willian E. Youngdahl (1999) Jose Ignacio Lopez de
Arriortua, Thunderbird International Business Review, 41(2) 179-194

16

Life of Jose Ignacio Lopez






doctorate in industrial engineering
196980: Firestone, Spain
198086: GM European operations, Spain
1986: GM’s Opel, Germany
1987: head of purchasing for Europe




work with Jack Smith to make GM Europe profitable

1992, April: VP of Worldwide purchasing of GM


Jack Smith as president of GM in Spring 92

18

New Rules in Purchasing
by Jose Ignacio Lopez
 new
 all

rules
supply contracts by bidding

a

minimum of 10 bids for a supply contract, at least
one not in north America

 no

favorable treatment of internal suppliers,
70% among all

 50%

productivity improvement by 1995

19

New Rules in Purchasing
by Jose Ignacio Lopez
 second

phase: sending GM teams to help
suppliers for improvement and cost
reduction

 mixed

results

 exemplary

in some, e.g., Siemens, reduction of
85% assembly line time; 95 percent of
inventory; 20% of cost

 not

sharing cost sharing in some cases
20

New Rules in Purchasing
by Jose Ignacio Lopez


forced changes of existing supplier contracts


renegotiation of five-year contract, e.g., cuts of supplier
price of 5%, 3%, 2%, 2%, 1% in the next five years



close working relationship with unions



taking proprietary designs from suppliers for open
bidding by other suppliers



sharing insufficient fixed development cost with
suppliers

21

New Rules in Purchasing
by Jose Ignacio Lopez
 results
 saving

$4 bill for GM

 poor

relationship and rating by suppliers

 some

suppliers out of business

 loss


of supplier loyalty in long term

not providing best product, nor best service

 switching

partners at opportunity

22

Concurrent
Chrysler Purchasing Policy
 long-term

partnership with suppliers

 criterion:

contribution to whole product
development and manufacturing process,
not only cost

 involving

suppliers right at the beginning

23

Contract Renegotiation with
*
the Chilean Government

http://www.negotiations.com/case/contract-renegotiation/
24

Contract Renegotiation with the
Chilean Government*




contract renegotiation over the El Teniente copper mine
in Chile in 1960’s
two parties: Kennecott, a U.S. company, and Chilean
government
background: national sentiment in Chile for foreign
companies to exploit its natural resource



overwhelmingly strong BATNA of the Chilean government
either tough financial terms or even expropriating the mine


enough local experts to manage the mine

25

Contract Renegotiation with the
Chilean Government*



What can be done by Kennecott?
a six-step win-win strategy that strengthens Kennecott’s position







1 selling a majority equity of the mining operation to the Chilean
government
2 divesting the fund into US banks; getting an outside loan, to expand the mining
operations (effect: better deal in re-negotiation)
3 having the Chilean government to guarantee the loan, with the guarantee
under the law of New York state
4 insuring as many as possible assets with U.S. backed guarantees (effect: reducing loss
in case of expropriation)
5 negotiating to sell output from expansion to clients in Europe and North
America (effect: diversifying customer base)
6 lastly selling the rights of the new contracts to a consortium of financial
institutions from Japan, the United States and Europe (effect: multi-party negotiation
in future contract renegotiation, with parties having other interests with the Chile
Government)

http://www.negotiations.com/case/contract-renegotiation/

26

Contract Renegotiation with the
Chilean Government
 final

remark: expropriation years later but
much better position for Kennecott in
negotiation

27

Preparation and Tactics
in Negotiating

28

Preparation for Negotiation
 identify

participants and set up a team

 develop

objectives

 e.g.,

price, quality, form of collaboration,
service level, long-term relationship

 gather

relevant information

 market

price, historical prices, actual cost of
supplier, history, financial strength, quality,
service level, management of supplier, possible
negotiator from supplier …
29

Preparation for Negotiation
 analyze

strengths & weaknesses for
suppliers and oneself
 for

both sides, e.g.,

 how

important is the supplier to us

 how

much time we have

 any

other backup supplier

 how

important is the order for the supplier

 financial

strength of the supplier
30

Preparation for Negotiation
 recognize
 deduce

 identify
 to

other party’s needs

real needs in others’ perspectives

common goals and facts agreed

simplify discussion

 identify

issues to discuss

 (potential)

differences between the two sides

31

Preparation for Negotiation
 establish
 develop
 brief

positions and BATNA

strategies and tactics

personnel

 practice

the negotiation

32

Tactics







argue based on facts
answer carefully
mind other side’s feeling
know the deadline
avoid trapping oneself in a
corner









e.g., “accept or no deal”

have courage to say no
start with lowest
start with highest
show honesty
take the initiative
listen



disappearance of key persons



never give up



fictitious competition


unethical



order issues



take a rest to cool down



check security



select venue



use threat



side track the issue



raise questions



keep silent
33

Concessions


give-and-take being common in negotiation



guidelines for making concessions


reserve room for concessions



first understand the other side’s needs and objectives



first to concede minor but not the first to concede major



portray unimportant concessions as valuable



fight before every concession
34

Concessions
 guidelines
 give,

for making concessions

and remember to take

 concede
 never

slowly and by little

reveal deadline

 say

“no” occasionally

 try

not to retrieve concessions

 record

of concessions
35

Power in Negotiation
power: the ability to influence
 sources of negotiating power


informational power: presenting relevant facts and
persuasive argument
 reward power
 coercive power
 legitimate power: credentials of experts
 referent power: socially acceptable personal qualities
and attributes, e.g., physical, honesty, charisma,
friendliness, sensitivity


36

Win-Win Negotiation


win-lose – competitive or distributive bargaining



win-win – collaboration or integrative bargaining


beneficial to both sides usually by increasing value or expanding
resources to all participants



equitable sharing of profit or cost



tactics


expand the pie



logroll



compensation for compliance



a bridge solution

37

Getting to Yes
Negotiating Agreement Without Giving In
By Roger Fisher & William Ury

38

Tips from the Book
 don’t

bargain over positions

 separate
 focus

on interests, not positions

 invent
 insist

the people from the problem

options for Mutual Gain

on using objective criteria

39

Don’t Bargain Over Positions


C: customer; S: Shopkeeper



C: How much do you want for this brass dish?



S: That is beautiful antique, isn’t it? I guess I could let it go for $75.



C: Oh come on, it’s dented. I’ll give you $15.



S: Really! I might consider a serious offer, but $15 is certainly isn’t serious.



C: Well, I could to to $20, but I would never pay anything like $75. Quote me a realistic price.



S: You rive a hard bargain, young lady. $60 cash, right now.



C: $25.



S: It cost me a great deal more than that. Make me a serious offer.



C: $37.50. That’s the highest I will go.



S: Have you noticed the engraving on that dish? Next year pieces like that will be worth twice
what you pay today.

40

Focus on Interests, Not Positions
 Negotiation

between Egypt and Israel at
Camp David in 1879
 Egyptian Sinai Peninsula occupied by Israel
since the Six Day War in 1967
 Positions
 Egypt:

getting back whole Sinai Peninsula
 Israel: holding part of Sinai Peninsula for
national security
41

Focus on Interests, Not Positions
 interests
 Egypt:

sovereignty

 Israel:

national security

 Result:

returned the whole Sinai Peninsula
to Egypt and de-militarized large area for
security of Israel

42

Insist on using Objective Criteria

















I: Insurance Adjuster; T; Tom
I: We have studied your case and have decided the policy applies. That means you’re entitled
to a settlement of $6,600.
T: I see. How did you reach that figure?
I: That’s how much we decided the car was worth.
T: I understand, but what standard did you use to determine that amount? Do you know
where I can buy a comparable car for that much?
I: How much are you asking for?
T: Whatever I’m entitled to under the policy. I found a secondhand car just about like it for
$7,700. Adding eh sales and excise tax, it would come to about $8,000.
I: $8,000! That’s too much.
T: I’m not asking for $8,000 or $6,000 or $10,000, but for fair compensation. Do you agree that
it’s only fair I get enough to replace the car?
I: OK, I’ll offer you $7,000. That’s the highest I can go. Company policy.
T: How does the company figure that?
I: Look. $7,000 is all you’ll get. Take it or leave it.
T: $7,000 may be fair. I don’t know. I certainly understand your position if you’re bound by
company policy. But unless you can state objectively why that amount is what I’m entitled to, I
think I’ll do better in court. Why don’t we study the matter and talk again? Is Wednesday at
eleven a good time to talk?
….

43

Insist on using Objective Criteria















….
I: Ok, Mr. Griffith, I’ve got an adhere in today’s paper offering an ‘89 Taurus
for $6,800.
T: I see. What does it say about mileage?
I: 49,000. Why?
T: Because mine only had 25,000 miles. How many dollars does that increase
the worth in your book?
I: Let me see … $450.
T: Assuming the $6,800 as one possible base, that brings the figure to $7,250.
Does the ad say anything about a radio?
I: No.
T: How much extra for that in your book?
I: $125.
T: How much for air conditioning?
……
A half-hour later Tom walked out with a check for $8,024.
44


Slide 43

Negotiation

1

Outline
 standard

terms of negotiation

 examples

of negotiation

 David
 price

and Goliath

negotiation in a channel

 force-cost
a

reduction

company and a government

 preparation

and tactics of negotiation
2

Standard Terms in Negotiating

3

Negotiation


formal communication to seek mutual agreement


usually verbally



often between two sides



on sharing and allocation of resources, cost,
benefits, etc.



skills


required preparation



sharpened by practice
4

Terms in Negotiation
 BATNA

(best alternative to a negotiated
agreement) (底線)

 positions

(立場)

 interests

(利益)

 needs

(需要)

 wants

(願望)
5

Conditions to Use Negotiation
 expensive

operations



high-value, large-volume contract



complex technical requirements on product and
process, possibly evolving specifications



capital-intensive items, e.g., plant and equipment



special buyer-supplier relationship



important value-adding activities required from
suppler
6

Examples

7

Which Side Won?
 rental

negotiation

age
group size
status
company
Position in company

Party A
middle age
two, couple
landlord
local
owner

Party B
20’s
single
potential tenant
foreign
employee

8

Which Side Won?
 story
 potential

tenant slow in responding

 property

price gone up

 higher

rental expected by developers

9

Rental Contract Negotiation
by Mr. Stanley Yen
 Mr

Stanley Yen

 1971

June: started as a messenger in the
Taiwan branch of American Express (AET)

 1971

end: took care also general affairs of AET

…

 Now:

a living legend in tourism, management,
social welfare, …
10

Rental Contract Negotiation
by Mr. Stanley Yen


Mr. Yen, “How come you do this? As a custom of
foreign company, I recorded the agreed rental in a
memo.”



mutual respect that grew into long-term
employee-employer and then family-type
relationship



lessons


systematic



polite
11

Real-life Negotiation
with Suppliers

12

Examples of Price Negotiation


some general practice: 5th video clipping 00:14:20
to 00:20:20


depending on opponents




intellectual, traditional, personality

possessing information


BANTA and needs of opponents



market price, actual production cost



strengthen and BANTA of my company

13

Jose Ignacio Lopez
de Arriortua

14

Force-cost Reduction
 win-lose
 acting

strategy

personally, offensively, and emotionally

 demanding

 changing

immediate effect

existing contracts

 threatening

reduction or less no business

http://www.projectmagazine.com/monitoring-and-controlling/53cost/270-qforcedq-cost-reduction-how-to-respond
15

Deep Trouble of GM in Early 90’s

Michael H. Moffett and Willian E. Youngdahl (1999) Jose Ignacio Lopez de
Arriortua, Thunderbird International Business Review, 41(2) 179-194

16

Life of Jose Ignacio Lopez






doctorate in industrial engineering
196980: Firestone, Spain
198086: GM European operations, Spain
1986: GM’s Opel, Germany
1987: head of purchasing for Europe




work with Jack Smith to make GM Europe profitable

1992, April: VP of Worldwide purchasing of GM


Jack Smith as president of GM in Spring 92

18

New Rules in Purchasing
by Jose Ignacio Lopez
 new
 all

rules
supply contracts by bidding

a

minimum of 10 bids for a supply contract, at least
one not in north America

 no

favorable treatment of internal suppliers,
70% among all

 50%

productivity improvement by 1995

19

New Rules in Purchasing
by Jose Ignacio Lopez
 second

phase: sending GM teams to help
suppliers for improvement and cost
reduction

 mixed

results

 exemplary

in some, e.g., Siemens, reduction of
85% assembly line time; 95 percent of
inventory; 20% of cost

 not

sharing cost sharing in some cases
20

New Rules in Purchasing
by Jose Ignacio Lopez


forced changes of existing supplier contracts


renegotiation of five-year contract, e.g., cuts of supplier
price of 5%, 3%, 2%, 2%, 1% in the next five years



close working relationship with unions



taking proprietary designs from suppliers for open
bidding by other suppliers



sharing insufficient fixed development cost with
suppliers

21

New Rules in Purchasing
by Jose Ignacio Lopez
 results
 saving

$4 bill for GM

 poor

relationship and rating by suppliers

 some

suppliers out of business

 loss


of supplier loyalty in long term

not providing best product, nor best service

 switching

partners at opportunity

22

Concurrent
Chrysler Purchasing Policy
 long-term

partnership with suppliers

 criterion:

contribution to whole product
development and manufacturing process,
not only cost

 involving

suppliers right at the beginning

23

Contract Renegotiation with
*
the Chilean Government

http://www.negotiations.com/case/contract-renegotiation/
24

Contract Renegotiation with the
Chilean Government*




contract renegotiation over the El Teniente copper mine
in Chile in 1960’s
two parties: Kennecott, a U.S. company, and Chilean
government
background: national sentiment in Chile for foreign
companies to exploit its natural resource



overwhelmingly strong BATNA of the Chilean government
either tough financial terms or even expropriating the mine


enough local experts to manage the mine

25

Contract Renegotiation with the
Chilean Government*



What can be done by Kennecott?
a six-step win-win strategy that strengthens Kennecott’s position







1 selling a majority equity of the mining operation to the Chilean
government
2 divesting the fund into US banks; getting an outside loan, to expand the mining
operations (effect: better deal in re-negotiation)
3 having the Chilean government to guarantee the loan, with the guarantee
under the law of New York state
4 insuring as many as possible assets with U.S. backed guarantees (effect: reducing loss
in case of expropriation)
5 negotiating to sell output from expansion to clients in Europe and North
America (effect: diversifying customer base)
6 lastly selling the rights of the new contracts to a consortium of financial
institutions from Japan, the United States and Europe (effect: multi-party negotiation
in future contract renegotiation, with parties having other interests with the Chile
Government)

http://www.negotiations.com/case/contract-renegotiation/

26

Contract Renegotiation with the
Chilean Government
 final

remark: expropriation years later but
much better position for Kennecott in
negotiation

27

Preparation and Tactics
in Negotiating

28

Preparation for Negotiation
 identify

participants and set up a team

 develop

objectives

 e.g.,

price, quality, form of collaboration,
service level, long-term relationship

 gather

relevant information

 market

price, historical prices, actual cost of
supplier, history, financial strength, quality,
service level, management of supplier, possible
negotiator from supplier …
29

Preparation for Negotiation
 analyze

strengths & weaknesses for
suppliers and oneself
 for

both sides, e.g.,

 how

important is the supplier to us

 how

much time we have

 any

other backup supplier

 how

important is the order for the supplier

 financial

strength of the supplier
30

Preparation for Negotiation
 recognize
 deduce

 identify
 to

other party’s needs

real needs in others’ perspectives

common goals and facts agreed

simplify discussion

 identify

issues to discuss

 (potential)

differences between the two sides

31

Preparation for Negotiation
 establish
 develop
 brief

positions and BATNA

strategies and tactics

personnel

 practice

the negotiation

32

Tactics







argue based on facts
answer carefully
mind other side’s feeling
know the deadline
avoid trapping oneself in a
corner









e.g., “accept or no deal”

have courage to say no
start with lowest
start with highest
show honesty
take the initiative
listen



disappearance of key persons



never give up



fictitious competition


unethical



order issues



take a rest to cool down



check security



select venue



use threat



side track the issue



raise questions



keep silent
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Concessions


give-and-take being common in negotiation



guidelines for making concessions


reserve room for concessions



first understand the other side’s needs and objectives



first to concede minor but not the first to concede major



portray unimportant concessions as valuable



fight before every concession
34

Concessions
 guidelines
 give,

for making concessions

and remember to take

 concede
 never

slowly and by little

reveal deadline

 say

“no” occasionally

 try

not to retrieve concessions

 record

of concessions
35

Power in Negotiation
power: the ability to influence
 sources of negotiating power


informational power: presenting relevant facts and
persuasive argument
 reward power
 coercive power
 legitimate power: credentials of experts
 referent power: socially acceptable personal qualities
and attributes, e.g., physical, honesty, charisma,
friendliness, sensitivity


36

Win-Win Negotiation


win-lose – competitive or distributive bargaining



win-win – collaboration or integrative bargaining


beneficial to both sides usually by increasing value or expanding
resources to all participants



equitable sharing of profit or cost



tactics


expand the pie



logroll



compensation for compliance



a bridge solution

37

Getting to Yes
Negotiating Agreement Without Giving In
By Roger Fisher & William Ury

38

Tips from the Book
 don’t

bargain over positions

 separate
 focus

on interests, not positions

 invent
 insist

the people from the problem

options for Mutual Gain

on using objective criteria

39

Don’t Bargain Over Positions


C: customer; S: Shopkeeper



C: How much do you want for this brass dish?



S: That is beautiful antique, isn’t it? I guess I could let it go for $75.



C: Oh come on, it’s dented. I’ll give you $15.



S: Really! I might consider a serious offer, but $15 is certainly isn’t serious.



C: Well, I could to to $20, but I would never pay anything like $75. Quote me a realistic price.



S: You rive a hard bargain, young lady. $60 cash, right now.



C: $25.



S: It cost me a great deal more than that. Make me a serious offer.



C: $37.50. That’s the highest I will go.



S: Have you noticed the engraving on that dish? Next year pieces like that will be worth twice
what you pay today.

40

Focus on Interests, Not Positions
 Negotiation

between Egypt and Israel at
Camp David in 1879
 Egyptian Sinai Peninsula occupied by Israel
since the Six Day War in 1967
 Positions
 Egypt:

getting back whole Sinai Peninsula
 Israel: holding part of Sinai Peninsula for
national security
41

Focus on Interests, Not Positions
 interests
 Egypt:

sovereignty

 Israel:

national security

 Result:

returned the whole Sinai Peninsula
to Egypt and de-militarized large area for
security of Israel

42

Insist on using Objective Criteria

















I: Insurance Adjuster; T; Tom
I: We have studied your case and have decided the policy applies. That means you’re entitled
to a settlement of $6,600.
T: I see. How did you reach that figure?
I: That’s how much we decided the car was worth.
T: I understand, but what standard did you use to determine that amount? Do you know
where I can buy a comparable car for that much?
I: How much are you asking for?
T: Whatever I’m entitled to under the policy. I found a secondhand car just about like it for
$7,700. Adding eh sales and excise tax, it would come to about $8,000.
I: $8,000! That’s too much.
T: I’m not asking for $8,000 or $6,000 or $10,000, but for fair compensation. Do you agree that
it’s only fair I get enough to replace the car?
I: OK, I’ll offer you $7,000. That’s the highest I can go. Company policy.
T: How does the company figure that?
I: Look. $7,000 is all you’ll get. Take it or leave it.
T: $7,000 may be fair. I don’t know. I certainly understand your position if you’re bound by
company policy. But unless you can state objectively why that amount is what I’m entitled to, I
think I’ll do better in court. Why don’t we study the matter and talk again? Is Wednesday at
eleven a good time to talk?
….

43

Insist on using Objective Criteria















….
I: Ok, Mr. Griffith, I’ve got an adhere in today’s paper offering an ‘89 Taurus
for $6,800.
T: I see. What does it say about mileage?
I: 49,000. Why?
T: Because mine only had 25,000 miles. How many dollars does that increase
the worth in your book?
I: Let me see … $450.
T: Assuming the $6,800 as one possible base, that brings the figure to $7,250.
Does the ad say anything about a radio?
I: No.
T: How much extra for that in your book?
I: $125.
T: How much for air conditioning?
……
A half-hour later Tom walked out with a check for $8,024.
44