The difference between business negotiation and legal negotiation
1 The difference between business negotiation and legal negotiation
1.1 Different uses
Business negotiation mainly refers to the negotiation on the quality, price, delivery time, delivery place and other business terms of the proposed transaction; Legal negotiation mainly focuses on the provisions of breach of contract, dispute resolution, and litigation or arbitration jurisdiction, force majeure and so on. Lawyers mainly help to provide legal advice on legal risk prevention.
1.2 Different purposes
Business negotiation is an activity conducted by the buyer and the seller to facilitate the transaction or to solve the disputes between the buyer and the seller. In short, it is to make profits. For example, in order to meet the needs of customers, sign a contract and reach a consensus on the delivery time, service scope, product quality requirements, price, etc.
Legal negotiation mainly discusses and argues on some issues, such as the established laws and regulations of a certain place or country and the communication with the competent authorities, which are the contents of legal negotiation.
1.3 Different participants
Business negotiations are attended by the company’s internal personnel, manufacturers, customers, even the government and legal advisers. The participants in legal negotiations include the government, the state, competent departments and managers.
2 The role of lawyers in legal negotiation
2.1 Lawyers have professional legal knowledge, which can ensure the legitimacy of negotiation content, avoid negotiation traps and prevent legal risks. The substantive role of lawyers in the negotiation is to analyze the legal obstacles, potential risks, unclear rights and obligations encountered in the negotiation and contract terms according to the background and legal environment involved in the exchange, and timely submit the analysis results to the client for decision-making.
2.2 Professional lawyers have rich experience in legal negotiation, which is conducive to the negotiation and safeguard the interests of the parties as much as possible. Due to professional characteristics, lawyers often have to do negotiation, such as negotiation in the court mediation stage, negotiation in the out of court reconciliation stage, negotiation in helping others mediate and solve disputes, and lawyers need to help customers conduct business negotiations, etc.
Therefore, lawyers generally have rich practical experience in negotiation, which is very conducive to legal negotiation.
3 Characteristics of business negotiation
3.1 For the purpose of obtaining economic benefits
Different negotiators have different purposes to participate in the negotiations, and diplomatic negotiations involve national interests; Political negotiations are concerned with the fundamental interests of political parties and groups; .
The business negotiation is very clear. The negotiator takes obtaining economic interests as the basic purpose and involves other non-economic interests on the premise of meeting economic interests. Although, in the process of business negotiation, negotiators can mobilize and use various factors, and various factors other than economic interests will also affect the outcome of the negotiation, the ultimate goal is still economic interests.
Compared with other negotiations, business negotiations pay more attention to the economic benefits of negotiations. In business negotiation, negotiators pay more attention to the cost, efficiency and benefit of the heavy or technology involved in the negotiation. Therefore, people usually evaluate the success of a business negotiation by the quality of obtaining economic benefits. Business negotiations that do not focus on economic benefits lose value and significance.
32 Pay attentions to the strictness and accuracy of the contract
The result of business negotiation is reflected by the agreement or contract agreed by both parties. The contract terms essentially reflect the rights and obligations of all parties. The strictness and accuracy of the contract terms are an important prerequisite for ensuring the negotiation to obtain various interests.
Some negotiators spent a lot of effort in business negotiations and managed to obtain favorable results for themselves. The other party was forced to make many concessions in order to get the contract. At this time, it seems that the entrant has won the victory of the negotiation. However, if he takes it lightly and pays no attention to the integrity, strictness, accuracy, rationality and legality of the contract terms when drafting the contract terms.
As a result, you will be led into a trap by the negotiating partner in terms of wording or presentation skills, which will not only lose all the benefits, but also pay a heavy price. Such examples are common in business negotiations. Therefore, in business negotiations, negotiators should not only pay attention to oral commitments, but also pay attention to the accuracy and strictness of contract terms.
