It's a game:

Treat negotiations as a game. One to play and play hard. Sometimes you will win, sometimes you will lose. The more you are able to work with negotiation as a game the more in charge of it you can be.

Fighting:

Negotiation can sometimes both look like and feel like a fight. It is two-way and indeed there may be more coming at you, than you are offering the other way. You need to define a personal context for fighting.

Seeing:

The best skill you can have is one of seeing. How well you see other people; how well you can see what’s going on for them and for yourself. This is all about reading people, picking up their signals.

Exercise 44. Read and learn the new words. Read, translate and learn the text about negotiations:

Negotiations

№	ENGLISH	TRANSCRIPTION	UKRAINIAN
1	negotiations	[nigouʃɪ'eɪʃn]	переговори
2	party	['pα:ti]	сторона (на переговорах)
3	sophisticated	[so'fistikeitɪd]	складнa
4	to acquire	[æ'kwaiə]	набути
5	treaty	['tri:ti]	договір
6	pay rise	[pei raiz]	підвищення зарплати
7	persuasion	[pə'sweɪʒn]	переконання
8	to convince	[kən'vɪns]	переконувати
9	to stick	[stik]	притримуватись
10	long-term	[lɔŋ tə:m]	далекоглядний
11	armoury	['a:meri]	арсенал
12	rival product	[raivl 'prodʌkt]	конкурентноспроможній товар
13	evidence	['evidəns]	Доказ
14	counterarguments	[kaunte'α:gju:mənts]	контраргументи
15	get to the point		підійдіть до справи
16	demand	[di'mα:nd]	вимоги, потреби
17	to have a claim	[kleim]	заявляти

Negotiations are a special type of meeting in which the parties (usually two) need each other’s agreement in order to achieve an effective result. Effective negotiations give the right deal for the company, a salary rise, a budget increase, etc. Negotiating is sophisticated activity because it requires competence in communication, language skills and ability to focus the other people attention on the subject of negotiations .

Everybody have to acquire the ability to negotiate. Everyone — from the world statesman negotiating treaties that affect the lives of millions, to the company employee asking for a pay rise — needs certain talents and skills to reach the agreement with other people. This needs a mastery of the skills of persuasion, compromise, diplomacy, clear speaking, and attentive listening.

One of the basic secrets of persuasion is to convince other people that what is good for you is also good for them. The skillful negotiator is the one whose opponents also come out of the talks feeling well-satisfied with the results.

Selling and negotiating have much in common. In one you are selling products, in the other ideas. Both usually come down to money. If other people realized that you are reliable, you are on the way to success. To become a successful negotiator one should stick to the following guidelines.

Always take the long-term view in negotiations. See them as a campaign, not as a one-off battle. It is possible to lose individual battles and win the campaign. It is equally possible to win individual battles and lose the campaign.

Prepare your case. First of all, you must know your subject. The strongest weapon in your armory of persuasion is detailed comparison. Collect and set out all facts and figures neatly in tables, or where helpful, in charts and graphs. If you are selling something, you should know what rival products other companies are selling and how your product compares for price, reliability, and service. Without evidence you will not convince anyone of anything.

Try to know the other person’s subject too. Put yourself in his or her position. Imagine the counterarguments you might face, and have your replies ready. Practice out loud the answers you will give. Find reasons why agreeing with you is in the other person’s interests. Don’t waste the time. Get to the point and stay there.

Be prepared to be flexible. Be absolutely clear about what exactly you hope to get out of the negotiations, and what, realistically, you think you will be able to get. Write down beforehand a list in three sections: your minimum demands; your actual demands; your most optimistic hopes.

Remember this key point: very seldom both sides get absolutely everything they want from negotiations. So it is useful to have a claim that you are prepared to give way on, to show that you are reasonable and willing to compromise.

Exercise 45. Read and translate the tips below. How do you understand them?

Tips

☼Say clever things to get success.

☼Try to succeed by cooperating with the other party.

☼See negotiations as a long-term activity.

☼Do not use tricks. It will cause to failure the whole results in negotiations.

☼Think about each other's interests.

Exercise 46. Translate into Ukrainian. Think over such sayings:

1. "In a successful negotiation, everyone wins. The objective should be agreement, not victory."

2. "Every desire that demands satisfaction and every need to be met-is at least potentially an occasion for negotiation; whenever people exchange ideas with the intention of changing relationships, whenever they confer for agreement, they are negotiating."

Exercise 47. Read and try to memorize the new words connected with contracts:

№	ENGLISH	TRANSCRIPTION	UKRAINIAN
1	clause	[klɔ:z]	пункт (договору)
2	implementation	[implɪ'mənteiʃn]	запровадження (виконання)
3	to take into account	[ə'kaunt]	брати до уваги
4	efficient	[ɪ'fiʃənt]	ефективний
5	appendix	[ə'pendiks]	додаток
6	respectively	[ri'spektɪvli]	відповідно
7	counter offer	['kauntə 'ɔfə]	зустрічна пропозиція
8	draft of the contract	[drα:ft 'kontrækt]	проект контракту
9	per unit	[pə: 'ju:nit]	за одиницю
10	to solve problems there and then		розв’язати питання в робочому порядку
11	Let it be so!		Згода

Exercise 48. Read, translate and act out the dialog:

Mr. Mansоn: Good afternoon, gentlemen. Mr. Parker, glad to see you again.

Mr. Parker: Good afternoon, Mr. Manson. Good afternoon, gentlemen.

Mr. Manson: Well, Mr. Parker, let’s get down to our business.

Mr. Parker: O.K. You are sure to get acquainted with our draft of the contract for buying your equipment. We’d like to know whether you agree with all the clauses of the contract. As soon as we make the final version of the contract we can sign it and come to practical implementation.

Mr. Manson: I fully agree with you, Mr. Parker. I and my experts have thoroughly studied the clauses of the contract. Mr. Bahamson, our sales manager, will speak about our proposals as to some alterations.

Mr. Bahamson: Thank you. Gentlemen, having analyzed the proposed draft contract and taking into account our methods of work, I’d like to stress the following. First, the price per unit of equipment also includes the price of all parts providing the efficient functioning of the equipment, as it is pointed out in the appendix to the contract. So the unit price will be $5,879 instead of $5,240 which changes the total contract price respectively.

Mr. Parker: (Looking through the catalogue and appendix): Well, I think we are not going to have any problems with this.

Mr. Hammer: (Buyer's representative): I think the same, but I have a counter offer. As you are so strict on the quality of your equipment, couldn’t you prolong the guarantee period from 24 to 36 months?

Mr. Bahamson: Dear Mr. Hammer, the matter is that the 24 months period is our confirmed term. However, having analyzed all the data, we decided that we could meet your requirement.

Mr. Hammer: Thank you.

Mr. Mansоn: Are there any other points in the contract you’d like to clear up?

Mr. Parker: No, I think we have settled all the points quite clearly.

Mr. Вahamson: If we come across any problems later, we shall solve them there and then.

Mr. Parker: Fine. Then our contract may be prepared for signing. We’ll ask our experts and lawyers to do it. I don't think it will take them long to come up with it.

M r. Mansоn: All right, let it be so.

48.1. Find the English equivalents for the following:

Проект контракту; радий вас бачити; перейдемо до справи; бути впевненим; ознайомитися; нам хотілося б знати; погоджуватися; пункт контракту; я цілком згоден; ретельно вивчати; управляючий службою збуту; підкреслювати; включати; як зазначалось; додаток; проглядати; зустрічна пропозиція; дані; річ у тому, що.

48.2. Make these sentences complete:

1. Let's go down to …….

2. Have you got acquainted with …….

3. We'd like to know whether …….

4. As soon as we make the final version …….

5. We have thoroughly studied …….

6. I'd like to …….

7. The price per unit of equipment …….

8. As you are so strict on …………………….

9. The 24 months period …………………….

10. Are there any other points of the contract……...

48.3. Translate into English:

• Вони уклали контракт на поставку комплектного устаткування.

• Решта питань може бути вирішена в робочому порядку.

• Представники покупця, безумовно, ознайомилися з проектом контракту.

• Як тільки ми підготуємо остаточний варіант контракту, він буде представлений вам на розгляд.

• Експерти нашої фірми ретельно вивчили всі пункти контракту.

• Ціна за одиницю устаткування вказана в додатку до контракту.

• Ми зіткнулись з деякими проблемами, але зможемо розв’язати їх у робочому порядку.

Exercise 49. Read and try to memorize the new words. Then translate the contract into Ukrainian.

№	ENGLISH WORD	TRANSCRIPTION	UKRAINIAN WORD
1	hereinafter	['hiər'ɪn 'α:ftə]	далі, нижче
2	to refer to	[ri'fə:]	посилатися на
3	to conclude the contract	[kən'klu:d]	укладати контракт
4	subject	['sʌbdʒɪkt]	предмет, тема
5	specification	[spisifi'keɪʃn]	специфікація
6	alteration	['ɔ:ltəreiʃən]	зміна, переробка
7	to accept	[ək'sept]	приймати
8	respect	[ri'spekt]	ставлення
9	to insure	[in'ʃuə]	страхувати
10	to eliminate	[ɪ'limineit]	усувати (недоліки)
11	arbitration	[α:bit'reɪʃən]	арбітраж
12	to dispute	[dis'pju:t]	обговорювати
13	to entitle	[ɪn'taitl]	давати право на
14	consent	[kən'sent]	згода, дозвіл
15	СIF(cost, insurance, freight)	[si ai ef]	вартість, страхування та фрахт

CONTRACT NO 018.006

Blackville 20__, February 24

The company Blake Electronic Corporation, Blackville, USA, represented by Mr. J.P. Manson, General Manager, hereinafter referred to as the "Seller"

and

the company Jackson Ltd. Marketing, Reno, USA, represented by Mr. L.C. Parker, Commerce Director, hereinafter referred to as the "Buyer", have concluded the present Contract to the effect that:

1. Subject of Contract

The Seller sells and the Buyer buys the goods indicated in the Specification (Enclosure N1), which is an integral part of this Contract. The goods should be delivered in accordance with Terms of Delivery.

2. Prices and Total Sum of Contract

1. The prices for the goods are in US dollars as indicated in the Specification amount to $5,879 for each set.

2. The total sum is $129,497 (one hundred twenty nine thousand four hundred ninety seven).

3. The prices as per this Contract have been fixed firmly and are not subject to alteration.

3. Terms of Delivery

1. Delivery of the goods shall be made by San-Francisco, International Airport. The goods are delivered according to the terms printed in the Specification (see Enclosure N1) but not later then 20 days from the date signing of the Contract.

2. The representatives of the Buyer make the inspection of the delivered goods before accepting them in respect of quality and quantity.

3. Partial deliveries are authorized.

4. Terms of Payment

The Buyer is obliged to make payment in US dollars. 100 per cent value of Contract is to be paid in advance to the Seller’s Bank in 10 days from the date of the Contract’s signing (as indicated in Enclosure N1).

5. Insurance

The Seller shall insure goods to be delivered on СIF terms against usual transport risks in accordance with the Insurance Agreement.

6. Guarantees

1. The Seller guarantees the quality of the delivered goods for 36 months from the date of putting the equipment into operation.

2. If during the guarantee period the equipment proves to be defective, the Seller at his cost eliminates defects within the shortest possible time or replaces the defective equipment.

7. Packing and Marking

Each set of the goods shall be packed and marked according to the Buyer’s inquiry. Marking Information is the following:

1. Name of the consignee;

2. Name of the consignor;

3. Contract N (Code);

4. Air Way Bill N;

5. Gross Weight;

6. Net Weight;

7. Box N.

8. Arbitration

1. All disagreements which may arise due to this Contract or in connection with it shall be settled through friendly negotiations between the parties. Disputes and disagreements that cannot be settled by parties through negotiations are subject to settlement excluding the court in the Federal Arbitration of California State in accordance with the law in force.

2. The award shall be final and binding upon both parties.