1. Company background of both parties to the negotiation

1. Analysis of Party A’s company (China Import and Export Trading Corporation)

China Import and Export Trading Corporation was established in 1978. It is China's first large-scale enterprise integrating industry and trade, focusing on international project contracting and import and export of complete sets of equipment. The company has carried out a series of reforms under the framework of modern enterprise

governance structure and management model, and has steadily advanced the construction of internationalization, industrialization, groupization and specialization, and initiated the establishment of Zhongcheng Import and Export Co., Ltd.

The company has obtained direct financing channels in the securities exchange market, expanded its capital scale, and improved its capital structure. The company is one of the 500 enterprises with the largest import and export volume in the country, and has been continuously operating since 1996

Continued to be selected as one of the 225 largest international engineering contractors in the world by the US Engineering News Record. It is a comprehensive enterprise group integrating trade, industry, technology and services. The company organically combines the development of traditional advantages with development strategies and plans, strengthens management, controls risks, standardizes operations, and deepens reforms, relying on the international and domestic markets and complete sets of equipment

And technology import and export, project contracting and leasing operations, and related services are pillar industries. They are currently moving towards strong comprehensive strength, excellent asset quality, advanced management level, and strong innovation capabilities

The strategic goal of becoming a multinational enterprise group with strong competitiveness is making solid progress. During the company's operation, it has been selected by the American "Engineering News Record" magazine for many years as one of the world's largest 225 international engineering contractors, a designated demonstration unit of China's foreign trade enterprise credit system, and a special foreign contracting project from 2000 to 2002. Award, tax credit A-level enterprise, AAA credit enterprise, etc.

Honorary titles. The company takes loyalty (representing the company's traditional morals), harmony (representing the company's style and connotation), seeking (representing the company's spiritual orientation), and governance (representing the company's goals

results) as its corporate spirits. Facing the future, Zhongcheng Group will accelerate the pace of reform, with the purpose of "abide by international standards and provide high-quality services", and continue to cooperate with governments and business circles around the world

in a larger scope, wider fields, and more Carry out mutually beneficial and win-win economic, trade and technological cooperation at a high level and work together to create a better tomorrow.

2. Analysis of Party B’s company (Japan’s Mitsubishi Heavy Industries)

Mitsubishi Heavy Industries is Japan’s largest military manufacturer. In 2003, the amount of military industry orders accepted by the Self-Defense Agency was 280 billion yen, ranking first among all military industry enterprises. After China and Japan resumed diplomatic relations, Mitsubishi Corporation attached great importance to the production and research and development of machinery and equipment. Last year, the company formulated a business development plan for the next four years, which clearly expressed its commitment to expansion in four important regions: China, Asia, North America, and Europe. Business ambition. In particular, it is necessary to integrate cooperation, joint ventures and sales and service networks in China, and focus on developing business in China, with a view to making more contributions to China. The company has now established 18 companies and institutions in China, employing approximately 2,200 employees and is committed to localizing its business. Mitsubishi Heavy Industries will continue to expand its business in China in the future.

2. The subject and content of the negotiation.

1 Topic: Solving the direct and indirect losses caused by quality defects of 5,840 Nissan FP-148 trucks imported from Japan to China and claiming compensation. Maintain a good long-term relationship between both parties.

2. The negotiation location is Beijing Xiangshan Hotel.

3. Negotiation time: December 30, 2007 ~ January 5, 2008.

4. Negotiation method: formal group negotiation.

5. Relevant information related to the dispute:

Information from market research conducted by Party A:

(1) The defects of the FP-148 truck are as follows .

Defect occurrence rate %

Tire cracks 10

Windshield broken 5

Circuit failure 30

Rivets broken 20

Frame cracked 10

More than one defect 70

Party A has the inspection video and commodity inspection certificate issued by the Chinese inspection agency (The statistics are shown above), and all quality defects occur within the warranty period.

(2) Transactions related to cars

1) The purchase price is 6.632 million yen (according to RMB1=JPY16.58 in foreign exchange)/car;

2) The number of trucks is 5840;

3) This batch of trucks is specially produced for export to China, taking into account the actual conditions of China’s roads;

4) The quality issues of dilation and curettage The terms of the contract are as follows:

A If there are major quality problems with major components such as engines, shock absorbers, frames, etc., the Japanese side needs to replace the entire machine or parts, and the replacement fee will be paid by the Japanese side;

B For general parts damage and failure, the maintenance will be borne by the Japanese side, and the material costs and maintenance fees will be paid by the Japanese side (within the 2-year warranty period); outside the warranty period, the Chinese side will be responsible for it:

If the proportion of C vehicles with more than one defect in the total volume exceeds 5%, the Japanese side shall compensate the Chinese side for direct economic losses and indirect economic losses. The compensation for direct economic losses shall be 1,000% of the price of each vehicle. Four is the base number. Every time the defect rate exceeds 5%, the direct economic loss compensation rate will increase by one level.

(3) Previous dealings between Party A and Party B

Party A has ordered Party B’s cars in large quantities several times, and has never had such a serious mass quality problem. For some quality problems that occurred in the past, Party B was able to properly solve them, so the previous transactions between the two parties were good, and a good friendship was established for this purpose

Information from Party B to Party A:

1) The Japanese side is extremely worried about the damage to the company's reputation and image, and has the intention to reconcile as soon as possible;

2) For indirect economic losses, Party A calculated Party B's losses according to China's calculation method A compensation of 7.6 billion yen is required. According to the internationally accepted calculation method, Party B needs to compensate 5 billion yen;

3) The dispute should be properly handled as soon as possible and a basically satisfactory compensation should be obtained, so as to calm the user’s complaints against A as soon as possible Party B’s dissatisfaction;

4) There are three ways to deal with car quality problems

A. Send the car back to Japan for repair

B. Party B sends personnel to take care of the repairs Send the parts to China for repair

C will use the compensation for direct economic losses for repairs (Party A is responsible for it).

The cost is obviously: Option 1, Option 2, Option 3.

3. Composition of the negotiation team

Chief negotiator: Xiao Yongsheng, plenipotentiary representative of the company

Decision-makers: Li Na and Xu Jingsheng are responsible for the research and analysis of major issues and Final decision

Technical advisors: Guo Hongfang and Kang are in charge of technical testing, measurement and guidance

Legal advisor: Xing Xiaoyu resolves relevant legal information and disputes

Four. Analysis of negotiation form (advantages, disadvantages and interests of both parties)

1. Party A’s core interests: A requires the other party to pay the direct and indirect losses caused by Party B to Party A in the shortest possible time

B Party B should provide timely technical guidance and repairs for quality problems that have occurred on trucks

C. Maintain the long-standing good cooperative relationship between the two parties

Party A’s advantages: A. We have strong Capital, first-class reputation, and vast domestic market

The quality problem of B's ??truck is mainly caused by Party B's imperfect processing technology. With the contract, market survey report and relevant records as evidence, we hold a legal share Initiative

C Our company has long-term cooperation experience with Company B and has established a good relationship. It is an important and long-term customer of Party B

D Company B has agreed to invest in capital and technology The compensation is only different from our expectations

In order to maintain the corporate image and reputation, Party B has the intention to reconcile as soon as possible and propose a solution

Party A’s disadvantage: Company A and B are Japan's largest military manufacturer has great international influence and authority in heavy industry machinery and equipment

B Domestic laws and international laws have different provisions on the calculation of indirect losses, which may affect our Interests are the relevant legal provisions that are strong for the other party. The other party

C's production of this batch of trucks is specially designed according to China's road conditions. If we return the goods, it will cause heavy losses to Party B and seriously affect the long-term cooperative relationship between the two parties

p>

The problems with D's truck are not entirely due to the quality of Party B's products, but to factors caused by our improper use

2. Party B's core interests: A. Minimize the direct consequences to Party A and the amount of indirect losses

B Solve the quality problem of trucks sold to China in the best way and at the least cost

C Negotiate peacefully to minimize the losses of both parties and maintain long-term cooperation Relationship

Advantages of Party B: A. The laws related to cost calculation are beneficial to Party B

B has the right to interpret and take the initiative in the use and maintenance of equipment, and is in an old position in this field

C is quite strong, has abundant capital, and can bear the cost of losses

D long-term cooperation with Party A can reduce losses emotionally

Party B’s disadvantages: A. There are objective product quality problems, and there is favorable evidence that cannot be denied

B. The number of transactions between the two parties is large, the amount is high, and the losses are heavy

C. The other party is a long-term partner. This accident May affect the feelings of both parties

5. Negotiation objectives

1. Strategic objectives:

Peaceful negotiations to effectively resolve the issue of 5,840 Nissan FP-148 trucks imported from Japan to China For direct and indirect losses caused by quality defects, Japan is required to dispatch professional technical and maintenance personnel to handle and maintain trucks with quality problems, and if possible, train a group of technicians with this level in China.

2. Emotional goal: through the process of coordinating and resolving disputes, continue to maintain a long-term good cooperative relationship between the buyer and the seller, and deepen mutual trust

3. Claim goal: strive for our economic recovery Direct losses and indirect losses calculated through market research and research

1. Name of the plan

Write the name of the plan as specifically as possible, such as "×year×month××university× ×Activity Planning Book", place it in the center of the page. Of course, you can write the main title and then write this as a subtitle below.

2. Activity background:

This part of the content should be selected from the following items according to the characteristics of the plan; the specific items include: basic situation introduction, main implementation targets, recent projects Situation, organizational department, reasons for carrying out activities, social impact, and related purpose motivations.

Secondly, the environmental characteristics of the problem should be explained, mainly considering the inherent strengths, weaknesses, opportunities, threats and other factors of the environment, and making a comprehensive analysis (SWOT analysis) of it, focusing on the various factors of the environmental analysis, and analyzing the past Describe the current situation in detail and make plans based on predictions of the situation. If the environment is unclear, it should be supplemented by analysis through investigation and research.

3. Purpose, meaning and goals of the activity:

The purpose and significance of the activity should be clearly expressed in concise and clear language; when stating the key points of the activity, the core components of the activity should be stated Or the uniqueness of the plan and the resulting significance (economic benefits, social benefits, media effects, etc.) should be clearly written. The activity goals must be specific and must meet the importance, feasibility, and timeliness

4. Resource needs:

List the required human resources and material resources, including the places where they will be used. , such as classrooms or using activity centers are listed in detail. It can be divided into existing resources and required resources.

5. Activities carried out:

As the main text of the plan, the expression should be concise and clear to make it easy for people to understand, but the expression should be detailed and write down every point that can be imagined. Nothing is missing. In this part, it is not limited to textual expressions, but can also include statistical charts, etc.; the planned work items should be arranged in chronological order, and drawing an implementation schedule will help with plan verification. The organizational configuration of personnel, activity objects, corresponding responsibilities, time and place should also be explained in this section, and the emergency response procedures implemented should also be considered in this section.

Some reference aspects can be provided here: venue layout, reception room, guest seating, sponsorship methods, contract agreement, media support, campus publicity, advertising production, hosting, leadership speech, emcee, venue service, electronic background , lighting, sound, camera, information contact, technical support, order maintenance, clothing, command center, on-site atmosphere adjustment, pick-up and drop-off vehicles, post-event clean-up personnel, group photos, catering, follow-up contact, etc. Please adjust it according to the actual situation.

6. Funding budget:

After detailed and careful calculation based on the actual situation, the various expenses of the activities are listed in a clear and concise form.

7. Issues and details that should be paid attention to during the activities:

Changes in the internal and external environment will inevitably bring some uncertainty to the implementation of the plan

Therefore, whether there are contingency measures when the environment changes, what is the probability of loss, how much loss is caused, emergency measures, etc. should also be explained in the planning.

8. Activity person in charge and main participants:

Indicate the organizer, names of participants, guests, and units (if it is a group planning, the name of the group and person in charge should be indicated) .