The foregoing review:
In negotiating skills - preparation phase , we have made adequate preparation of negotiations;
In negotiating skills - negotiation stage , we discussed the negotiations should pay attention to various places of.
In negotiating skills - to sign a contract , we discussed the considerations of the contract.
This article will discuss treatment after the problem occurs when the performance of the contract.
When the problem occurs when the performance of the contract, we need to resolve disputes, use of alternative dispute resolution mechanisms (ADR).
We need to understand the ADR process, because once we were involved in commercial disputes, most likely, will be involved in some kind of ADR programs.
Lawyers are generally not recommended for ADR, mostly because if lawyers advise clients to mediation or arbitration, the economic rewards they receive will be greatly reduced, the lawyer will be more inclined litigation. Therefore, we must put forward their own use ADR.
Before turning to ADR, we first discuss the dispute prevention .
1. Prevention of disputes
Great philosopher Voltaire said, my life had been ruined twice, once suffered a defeat, and once won the case.
In other words, even won the case, it could lead to devastating results, not only legal costs of litigation, it is not only damages, but that the business relationship is destroyed.
How to prevent disputes? Before a dispute (ie, a party made a mistake), timely certain measures (such as an apology).
For example, a tutorial :( this example, I refer to the professor tutorial )
Marriott (Marriott) in pursuit of the perfect treat customers, how they treat customers are written into the book as a model.
Many years ago I have had first-hand experience, I was invited to Texas to do a one-day litigation Jane. I flew to Dallas stay at the hotel, and then I told the front desk, so they called me up in the morning.
The results in the morning the phone did not ring.
I am extremely risk-averse person, I set up two backup alarm, so I still get up on time at 6:00, not late, no problem at all.
But when I check out, I want to test Marriott dispute prevention system, I filled out comment cards in the room of the hotel, I wrote about, very comfortable living, the problem is I have not received a phone call early.
After I got home, two weeks, I have received, this letter from the chairman of Marriott Marriott (J Willard Marriott) is.
He wrote in the letter, Dear Sir Wunsiedel (Siedel). (He put my name wrong, but not this relationship.) Wake-up service problems that you are experiencing, I am very disappointed, please accept my sincere apologies.
I have forwarded your comments Dada Las airport store and ask the manager to quickly deal with this issue. Thank you for taking the time to write down your comments, I hope we can have the opportunity to serve you again to regain your trust.
Dear inscribed Bill Marriott (Bill Marriott).
This may not personally write the Marriott, I'm not sure.
It may be computer automated response, but still feels good.
2. ADR tool
ADR (alternative dispute resolution mechanisms) has two important components: arbitration and mediation.
Before talking about these two parts, four kinds of tools we first ADR, they are very practical for solving disputes.
a. The company promises
ADR in the written company policies, such as:
"If our company with another company occurs commercial disputes", "while the other party has or will make a similar statement," "We are willing, before they completely seek litigation" "We are ready before calling for comprehensive litigation," "with each other through negotiation or ADR techniques to explore ways to resolve disputes. "
This approach has the advantage that can help people avoid a psychological trap - reactive devaluation. ( Negotiation skills - the negotiation stage of the mentioned reactive devaluation.)
When you're in dispute, you come to the other side said, let's try to resolve the dispute through mediation it.
In the other side, your proposal might depreciate. Simply because it is proposed that you make, they might think that this is a sign of weakness.
But if you come to the other side where it says, look, this is our long-established company policy, we have the commitment of the Board of Directors adopted as a policy.
You can also consider a similar way as in the use of it? So that we can proceed with the mediation.
In this way, you may be able to avoid the trap of reactive devaluation.
b. Screening
Basically, the filter is a list of questions. It is intended for business people in addition to attorney's design, based on answers to these questions, the screening will give you some advice.
For example, choose to have the force of law is, or is not legally binding ADR process?
No legal effect of the program refers to the negotiation and mediation. When you enter these two programs, you are not subject to anything.
In contrast, litigation and arbitration procedure is to have the force of law.
Next, combined with other screening criteria, we need to get ADR use. (Negotiation, mediation, arbitration or litigation)
c. Contract Terms
Preferably on the first commercial contract to ADR contract clauses added to the list, such as:
Simple statement in the contract, we agreed to mediate in the dispute concerning a contract dispute or we will agree to arbitration.
Or you can write an upgrade terms: basically, we agree to mediation, if mediation fails, we go to arbitration.
Anyway, it is the provisions dealing with ADR disputes written into the contract.
If we do not start, when the dispute, to convince the other party agreed to mediation or arbitration is even more difficult.
d. Online negotiation and dispute resolution
With the development of the Internet, we can resolve the dispute online, more convenient, cheaper. But compared to the traditional face to face negotiations, there may be some drawbacks.
Whether to use this tool, as the case may be.
3. arbitration (arbitration)
Arbitration can be said in private litigation, the speed of arbitration is much faster than an ordinary lawsuit, and inexpensive. Also, arbitration is confidential and can only remain in dispute between the parties, and outsiders know.
In the lawsuit (lawsuit), select the judges is very random. For example, you want to solve a commercial dispute, but in the lawsuit may never be assigned to a judge of commercial cases treated.
Arbitration can choose a judge, you can choose a field of experts.
Arbitrators are not necessarily lawyers, the arbitration process will not necessarily follow the proceedings. The arbitrator will use common sense to resolve the dispute.
The general process of arbitration is that the parties stated the cases and individual issues, the decision by the arbitrator.
This decision is final and can not be reviewed.
Specifically refer to Baidu arbitration proceedings .
4. Mediation (Mediation)
The explanation comes from Baidu: Mediation refers to a neutral third party to mediate between the parties grooming, help exchange of views, a proposal for resolution, contributed to the activities of the two sides to resolve conflicts.
In China, many types of mediation. Depending on the subject of mediation, there are people's mediation, the court mediation, administrative mediation, conciliation and arbitration lawyers mediation. Referring specifically explained Baidu provided .
Because in life, we may have the opportunity to act as a mediator (such as family disputes, disputes colleagues, etc.), are presented a mediation skills:
We can use a secret meeting, and the one we discuss their concerns and interests of the individual, they do not want to tell these other things.
And one of the mediators can separate discussion, usually in the negotiations, she can ask, What is the price of your reservation.
She may know something they think is reasonable, she can do an analysis, in fact, she can construct a space agreement between the parties.
In some cases, the mediator will say, well at the beginning, both of you are not agree, and go home, forget this mediation.
In other cases, the mediator may find a great deal of space to facilitate a settlement or agreement.
5. Other
After the end of the contract, the entire negotiation is complete. We can look back:
I'm trying to start negotiations to establish the relationship yet?
I have sought the potential benefits of it?
I asked questions and listened carefully to reply yet?
I'm in the early stages of negotiations to ascertain whether the other party has the right to trade yet? In most early stage in negotiations I have to find out if the other party authorized to trade it?
I like this course as before ever discuss, using a valid first price strategy?
I have to look at the negotiations from the perspective of the other party yet? This is to distinguish one element excellent negotiator and a good negotiator
When I did the interaction and mutual interests yet?
I used the big picture-oriented perspective yet?
Finally, a solution to the dispute:
Goal in life Analysis: When a dispute to goal in life to consider the context of this dispute, taking into account the objectives of those much larger, this is only a relatively small dispute, you will have a different perspective.