Negotiation is where two or more parties discuss and negotiate with each other in order to reach an agreement on a particular issue, which can then become a reality or not even be realized.
In the world, lawyers are listed as professional negotiators. Professional rules are formed in the course of the operation of many generations of lawyers, including those of professional ethics, and are regulated by the lawyers and bar associations. It is compulsory for each lawyer (honesty, impartiality, sincerity ...). These, according to the famous law firm in Vietnam, constraints make the important role of lawyers in the negotiation process very different from that of negotiators in other areas.
Two Basic Types of Negotiation
1. Rulemaking negotiation:
Negotiation for the establishment of rules to govern future conduct.
2. Dispute negotiation:
Negotiation for resolving disputes arising out of past events.
The negotiation principle of lawyers distinguishes between negotiation in the nondependent context and negotiation in the interdependent context between parties. Nondependent context as well as interdependent context can occur both when negotiating to establish legal relationships as well as negotiating to resolve disputes. This distinction is important both to the negotiation itself and to the application of negotiating techniques in practice.
Common Negotiation Skills
1. First offer - large demand:
It should be understood that the initial proposal is often very far away from the real intention of the proposer. When the calculation is not accurate, it is very useful for the opponent to make a real previous offer. In commercial transactions, the seller may be asked to quote in advance of for labor field, the employer proposes a a wage etc. Nature of this first offer is to conceal the real intentions and probes the opponent or even merely initiates the negotiation process.
2. False demand:
Shows in the proposal the unreality of the degree of interest in negotiating content (when the content of the negotiation involves a variety of issues to be resolved) in order to conceal real intentions.
That means lawyer will give the fake competition to make the opponent think he is dealing with other competitors to negotiate on the same subject. The purpose is to change the position of the opponent as a stronger opponent. This method should use in a lease contract, sales contract, service delivery ...
In essence, it requires the negotiator to conceal his true attitude (always smiling, silent, not expressing his stressful attitude when speaking or listening) to hide his/her true reactions and true thoughts. How to do it depends on the specific person.
5. Concession and Compromise:
Comprise always aim for four purposes to determine what the others want; how they want to reach; how bad the situation is; and whether the enemy is willing to compromise to achieve the goal. Comprise should be used as a method of measuring the opponent's intentions. Recipients are not allowed to reveal too much about their intentions so steps must be gradual. When one side compromises, the other side has a lot of choices: admit; concede a little at a point in exchange for a larger point; promising something for the future; also can not admit, not compromise but just continue to discuss .... Compromise has an impact on the spirit of the partner and is also a step closer to the goal targeted by the negotiator.
6. Splitting the difference:
The parties will decide the equal point or equal division of the difference among others. This skill normally is applied in price negotiation.
7. Negotiation without authority:
The way in which this method is practiced is very rich: it seems to me to be very rational and to stand on the side of the opponent, but to claim that my manager does not want to do so; The allegation must be reported and need for the final approval ....
8. Take break and walk away/change the negotiator:
It can be applied if necessary to change a negotiator for making another decision or change the position.
For the signing stage of contract negotiation, unlike other countries, lawyers in Vietnam have not been used as negotiating guides. Negotiating work is appreciated, but not practiced in a professional way. Negotiation is often considered as a own enterprise wihtout lawyers.
Attorneys only play the role of legal guardian, while the legal issue is considered a technical issue and is often turned into the exchange of lawyers between the two parties at the last stage.
However, it should be considered about the significant role of lawyers in international contract. Best lawyer in Vietnam in sales contract, Dragon Law advise that client can hire a lawyer for the all signing contract stage, then lawyer provide his legal consultation in:
- Draft contract
- Join in contract content
- Complete the contract
- Consult in the negotiation way
- Advice in disadvantage and advantage of contract content
- Propose the risks in legal issues
Actually, lawyers are offened hired for resolving disputes in the urgent cases.
Whether acting as authorized representative or mediator, the tasks that a lawyer must do include:
- Find out the facts until the current requested time you are
- On that basis, predict the chance of success; the solving methods to any arising problem and discuss with clients
- Seek to exploit the opponent's weak points to reach the best possible agreement
- Develop appropriate negotiation options
- Organize the implementation of prepared negotiation options
- Make a record of the results and make a basis for monitoring the implementation
One of the best law firm in Vietnam with famous lawyers in negotation not only in international sales contract but also many other fields such as marriage, real estate, investment, debt collection, joint venture ... is willing to support all local and foreign clients at:
Dragon Law Firm - Hotline: 1900.599.979
HQ: FL14.6, VIMECO Bldg, Lot E9, Pham Hung Str., Trung Hoa Ward, Cau Giay Dist., Hanoi
Office: FL4.6, Khanh Hoi Bldg, Lot 2/3C, Le Hong Phong Str., Ngo Quyen Dist., Hai Phong