在商业中被卷入纠纷可不是一件好事，不仅费时，而且由此产生的费用或者法律的判决都有可能让你濒临破产。卷入纠纷的原因多种多样，但是，却时常可以在合同谈判阶段被解决。下面就是7招很有效的合同谈判法。
1、看看你说了什么？
你的主张也许经常会被满足，但是在赢得项目或者合同谈判中却很容易造成误解，就像谣传一样。例如：专家主张、项目本质记忆产品的服务、性能，如果你不留意很容易让你陷入水深火热的境地，经常是法律的制裁。
解决责任纠纷的办法就是在方案定稿之后申明合同条款，但是也并不是万无一失。如果你想万无一失，可以借鉴一下方式。
任何时候，不要有欺诈行为。换句话说就是不要说或者写任何你不能做或者不想做的事情！
2、弄清楚顾客的需求
虽然它显而易见，但是还是要强调服务提供商完全搞清楚自己用户的需求。在商谈期间应该阐明任何含糊不清的条件，如果在合同生效以后在提出，你就会发现完全是有理说不清了。
合同谈判期间，顾客的条件可能会经常改变，你也需要不断复述你的提议。如果是特定的技术要求，你最好要预先设计一个创新性的解决方案，因为这是一个关系很容易变质的领域。
顾客有可能不是很清除提供方案的方方面面，例如花费、时间需求以及技术风险。顾客也不是都精通、掌握或者对提供的产品或方案的有感情，所以不要假定他们的知识水准。
交待清除产品存在的局限或者弊端，因为顾客很有可能对此抱有很多不切合实际的想法。最好的方式就是双方都明白最终提供的是一个什么东西？怎样满足顾客需求以及与之相关的风险。技术规范、服务范围以及任何弊端都应该被体现在书面合同里。
3、避免口头协定
You have just concluded your contract negotiations and you need to start work straight away. The temptation is to begin the project immediately, but starting on the basis of a verbal agreement should be avoided.
While verbal agreements can be legally binding, you and your client may have different recollections of the agreement. In the event of legal action, it may be difficult to prove your case because of the lack of documentary evidence. In one year’s time, will you be able to remember all the matters that you just verbally agreed during your negotiations? You should always have a written contract in place, as this provides documentary evidence of the matters agreed.
4 Do you have the agreement you want?
Contract negotiations can be lengthy and involve the exchange of proposals and emails, as well as negotiations at meetings. Ideally, at the end of the negotiation process, all the agreed matters are recorded in one contract document signed by the parties, and then work starts. However, in the real world this does not always happen.
A contract can consist of various documents. Your client may send a letter at the end of negotiations confirming that a contract has been agreed and that the contract is made up of documents such as the invitation to tender, proposal, and various emails. In this instance, the terms of the documents which form the contract need to be carefully checked to make sure that there are no contradictory terms and that all terms are agreed. If possible, ask a commercial lawyer to read the contract documents. You may be at risk if some matters have not been resolved or are overlooked.
5 Be careful about using letters of intent
Disputes often arise out of the use of letters of intent. Busy managers often regard letters of intent as a necessity, while lawyers would prefer clients did not use them. There are various types of letters. One type may simply confirm the intention of the client to award you the contract, and is not intended to be legally binding. Another type commonly used confirms a contract has been awarded and authorises the commencement of work while the terms of the contract are negotiated. Unfortunately, work often continues without a contract being agreed.
6 Make getting paid a priority
Managing cash flow is a major issue for all businesses. To maintain a healthy cash flow, obtain advance payment from your client to cover any significant initial costs which you have to incur, including paying subcontractors.
Also, consider having a payment schedule that is linked to key points in the project or the supply of your services. For example, payment can be made upon key project deliverables such as completed phases of the project.
In some situations, you may also want to consider payment security in the form of a bank guarantee. This guarantee can provide additional assurance and improve risk management. This option can be particularly useful if you are working with a new client or the subsidiary of a parent company where the parent has significant financial strength.
7 Manage your supply chain
Your company is responsible to your client for the services provided, even if suppliers or subcontractors are used. The client is not interested in hearing about problems with the subcontractor. It is important to effectively manage the risks in relation to your suppliers or subcontractors.
If major or essential parts of work need to be passed onto a subcontractor, try negotiating the subcontract at an early stage, ideally at the same time you are negotiating with the client. This is particularly important if there are only a few specialist subcontractors able to carry out this work. It is better to identify potential problems at this stage of the project; if you try to negotiate a major subcontract after negotiations for the client contract have concluded, you could find the subcontractor unwilling to accept the same or similar clauses or risks that you accepted. This will cause problems for risk management if you had assumed that you would be able to pass on or share risks with the subcontractors. For example, if you intended to use a back-to-back approach this may not be possible and the project can stall. Alternatively, if they do agree to accept such clauses and risks, you could be charged a premium to reflect this.
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发表于 2007-8-31 18:26:14
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