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невербальные средства коммуникации. Процесс переговоров записывается на видео с тем, чтобы участники игры могли более объективно оценить свою деятельность и увидеть свои достижения и недостатки.

На этом этапе участники переговоров представляют свою оценку результатов игры, затем все выслушивают мнение «группы экспертов», следивших за ходом игры: достигнуты ли цели игры или нет, какие другие более эффективные пути возможны для достижения этих же целей и др. В качестве экспертов могут выступать другие команды. Далее преподаватель сам подводит итог, завершив его оценкой эффективности деятельности участников на этапе устной коммуникации. На следующем занятии преподаватель, анализирует и даёт оценку корректности письменной коммуникации по результатам проверки составленных контрактов и писем.

Распределение времени игры

Деловая игра по предложенным ситуациям рассчитана на 6 аудиторных

часов.

2 часа отводится на деление студентов на группы (обычно две группы),

выбор кейса каждой группой; анализ деловой ситуации в группах; деление каждой группы на команды, представляющие стороны в переговорах; и

распределение ролей в командах сторон. 2 часа необходимы для переписки и контактов по телефону. Выбор кейса потребует значительных затрат времени,

команда выступает в роли «экспертов». Оставшееся время отводится на анализ и оценку деятельности всех участников игры.

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ПРИЛОЖЕНИЕ

Ситуации для деловой игры

CASE 1

SUN AND FUN TOUR VS. HOTEL DE LA PLAYA

Compensation for Breach of Agreement

CASE SUMMARY

This case involves solving a disagreement. Sun and Fun Tours has booked 50 double rooms for the winter season at Hotel de la Playa. Sun and Fun Tours received a verbal guarantee that construction work being done at the hotel would be completed by the beginning of the winter season. It will not be, and the tour company is demanding a 30 percent discount to be passed on to the guests until the work is completed.

Unforeseen events can occur which alter the situation for two parties in a contract. These events often are not taken account of in the contract unless there is a force majeure clause. Even in the case of a force majeure clause, often a conflict arises due to differing interpretations of whether the event in question is covered by the force majeure clause. In this case, there was just a verbal assurance given by the hotel that the construction work would be completed by the time the winter season began. Thus, Sun and Fun Tours has no legal justification for their demands. Nevertheless, the British emphasis on fair play and "a deal is a deal" would lead them to expect compensation for Hotel de la Playa's failure to complete their remodeling before the winter season began. The Anglo-American tradition regards the contract as binding and failure to live up to it results in court cases. Thus, the British and Americans try to write "airtight" contracts, which anticipate all eventualities and bind the parties to a strict set of rights and obligations. On the other hand, many cultures, including the Spanish, place more importance on a relationship of mutual trust as a basis of a long-lasting working relationship than enforcing contracts through legal means. They feel that in the event of unexpected circumstances the two parties should emphasize the relationship and not the contract or oral promises. In support of this approach, the bottom line in the service

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sector is satisfying the customer, which is in the interest of both Sun and Fun Tours and Hotel de la Playa.

Negotiations are a case of give and take, and good negotiators are sensitive to the priorities and musts of the other side. Beating the other side into submission, even though it may give a sense of victory, is certainly not the way to establish the atmosphere of mutual understanding necessary for an ongoing business relationship

With this in mind, any preparation must take into consideration both parties' interests.

I. Goals

There is only one major item to be negotiated, the 30 percent reduction. However, you must decide how much discount you (Sun and Fun Tours) demand/how much you (Hotel de la Playa) are willing to give, what concessions you are willing to make, and what you expect to get in return.

Sun and Fun Tours must determine how important getting the full 30 percent is and if they are willing to accept less compensation or other forms of compensation. How important is it to continue the business relation with Hotel de la Playa? Hotel de la Playa must determine whether they totally reject giving a full 30 percent and what the consequences might be. What other forms of compensation might be acceptable to the guests? How important is it for your hotel to continue the business relation with Sun and Fun Tours?

II. An Assessment of the Balance of Power

In spite of what was stated about the necessity of a mutually satisfying agreement, both sides will evaluate the strengths and weaknesses of the parties involved in the negotiations in order to avoid being "steamrollered" (dominated by the other side). Assessment of the balance of power will help you in determining your strategy and how much pressure you want to put on the other party (while not forgetting the importance of a mutually satisfying agreement). Some of the basic questions you have to ask are: how much do we need them, what alternatives do we have, and how viable are the alternatives? Naturally, you must also ask how much they need you.

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III. Determining Your Strategy

Your strategy should be a result of your decisions on points I and II. You must determine where the bottom line is—how far you are willing to go to obtain an agreement. In addition, you must decide what you ideally hope to achieve. The final contract will fall somewhere between these two extremes, and charting them will give you a tool to evaluate the result. Maybe you will achieve a result closer to your ideal contract, and there is nothing wrong with shooting for an ideal result, as long as your goals do not appear unreasonable and you do not maintain an inflexible position.

Determine your opening position and the mood you hope to create. As mentioned in the worksheet, there are degrees of positions from hard-line to softer stances. Remember, however, this opening position will determine the atmosphere for the rest of the negotiations. So choose it with care. Preconditions are usually associated with a hard-line stance, so you must be sure that these conditions are an absolute must.

Determine what issues you want to negotiate first. This will help set the tone. If you take the low-priority issues first, you will create a tone of flexibility and good faith. You may be able to create a tone of flexibility on both sides to make it easier for you to get what you want on the must items later. Your strategy here would be to suggest that you have shown good faith and now it is their turn. On the other hand, starting with the "musts" will let you know early what the other side's position is on those items most important to you. Remember, the sensitive negotiator will constantly be listening for clues as to the other side's position and priorities. Starting with your "musts" may give you necessary clues as to their position. If you don't meet resistance, go for the maximum, and once you have attained what you want, you can be flexible on some of the other items to "sweeten the pot," thus creating an atmosphere of mutual satisfaction.

In an attempt to gain insight into the other side's position you might "go fishing" just to see what bait interests your counterparts. Once you see what interests them, you may be able to formulate a clear picture of their strategy. For example, if you are negotiating a contract for a product, you will want to know if price, after-sale service, delivery schedules, warrantees, and the like are important and in which order. Thus, you can generally talk about these items and see what seems to evoke the most interest.

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The above is hardly an exhaustive study of negotiation strategy, and you should study the subject in more detail and discuss your experiences and strategies. However, this should give you enough information to solve the case. So fill out the negotiations worksheet, determine your strategy, and be sensitive to possible clues during the negotiations.

CULTURAL BACKGROUND

Two groups will be selected by the teacher to present an analysis of the two cultures of negotiations in this case—England and Spain—along the lines discussed in Chapter

Cultural Awareness in International Negotiations, such as (1) differing concepts of time, (2) the purpose of negotiations—establishing an airtight contract influenced by the thinking that "a deal is a deal" versus establishing a working relationship which will help both parties meet unforeseen events [extremely important in this case], (3) approaches to decision making, and (4) the value and importance of protocol and ceremony, and so forth. After each group has presented its culture, both teams will conclude by pointing out areas where, due to differences in the two cultures of negotiation, misunderstanding, frustration, and conflicts might occur.

QUESTIONS FOR DISCUSSION

1.Would you say that the point of departure for this negotiation is win-win or winlose. Why?

2.Will the Hotel de la Playa team have any advantages in holding the negotiations on their home ground? If so, what are these advantages and how can they be exploited?

CASE

Sun and Fun Tours contracted 50 double rooms at the three star Hotel de la Playa for the winter season. When the contract was signed, the hotel gave a verbal guarantee that construction, which was in progress, would be completed on the new wing where the 50 rooms were located.

However, inclement weather and a strike delayed construction so that the wing could not be completed until two months into the winter season. The construction will not prevent guests from staying at the hotel, but there will be some construction noise, such as, hammering and electric saws. Sun and Fun Tours knows from previous experience that guests are often bothered by early morning construction noise and they