Negotiating Across Cultures PDF
Negotiating Across Cultures PDF
Negotiating Across Cultures PDF
NEGOTIATING
ACROSS CULTURES
Robert J. Greenleaf
ISBN: 1-882390-911
The Cultural Orientations Indicator, COI and TMCs graphical depiction of our Cultural
Orientations Model are registered trademarks of Training Management Corporation;
Registration: 2,329,085 and 2,361,803.
Preface iii
Introduction 1
Negotiation Defined
Negotiating Across Cultures
Resources 75
Index 77
It is no secret that we are in an era of global business, one in which the world is moving toward
a completely transnational market. The rapid growth of increasingly interconnected markets,
processes and operations is affecting virtually every industry, company and worker today.
Between the increase in strategic business alliances and the proliferation of global
organizations, the share of the market run by companies that span two or more business
cultures is growing constantly.
These trends have changed the criteria for competitive advantage. Past successes in the old
marketplace do not guarantee future success in the new. Speed, responsiveness, flexibility,
effectiveness and an ever-increasing rate of innovation have become the cornerstones of
success in todays market. Organizations everywhere have been transforming themselves to
adapt to these new requirements. Most organizations now understand that competitive
advantage no longer rests on formal structures but on a dynamic organizational culture that
effectively encompasses the mindsets, competencies and practices of the individuals who
create, support and sustain the organizationindividuals who often do not share the same
cultural background.
This new type of organization also calls for a different type of managerone who can create
a dynamic, flexible environment and draw upon his employees varied mindsets and skills.
Given the varied cultural backgrounds of the employees in global organizations and strategic
business alliances, culture has become one of the key areas of managerial competence and one
of the most challenging aspects of working in the global marketplace.
It was once assumed that business and commerce were culturally neutral zones in which
business professionals from various nations came together to participate in transactions
according to universally recognized norms. But, this is simply not true. The ways in which we
manage and conduct business are extensions of our social and cultural environments. Thus,
how we conduct business is deeply influenced by the cultural values and associated behavior
patterns that operate in that environment. Working in the multicultural environment of the
global marketplace, todays managers are confronted with this every day. The individuals with
whom they conduct business and whom they manage often represent a collection of different
cultures with different, sometimes conflicting, practices.
The main challenge for todays global manager is to combine a repertoire of managerial and
leadership skills with a thorough understanding of and sensitivity to culture. The hard skills
The series explores the interplay between culture and particular aspects of managerial
competence. The areas discussed are:
Each title assumes that the reader is familiar with the fundamentals of the management
function under consideration and has a working knowledge of Training Management
Corporations Cultural Orientations Model. Building on this knowledge, the authors discuss
how each cultural orientation shapes business practices and business interactions within these
management functions differently. They then describe which types of practices, within the
particular area, are most appropriate for each cultural orientation. Examples are drawn from
specific cultural settings to demonstrate the direct applicability of this analysis to actual cross-
cultural interactions. In some cases, the author also outlines the best strategies for each
managerial function in todays leading business centers.
Yet, ignoring culture and the role it plays in shaping our business behaviors and preferences
is dangerous. Many business arrangements have failed due to an unrecognized and/or
unacknowledged clash of cultures.
1. Open attitude
2. Self-awareness
3. Awareness of others
4. Cultural knowledge
5. Cross-cultural skills
The third aspect of cross-cultural competence is forming an awareness of others. This entails
recognizing the cultural values, attitudes, beliefs and behaviors of those around you. You
might ask yourself these questions:
The fourth aspect is obtaining cultural knowledge. Once you begin to take account of your
counterparts behavioral preferences and approaches to business, you can base your awareness
on a comprehensive understanding of your counterparts social and business culture. This means
learning about your counterparts cultural values, beliefs and attitudes, as well as about the socio-
economic, political, historical and philosophical roots of the cultures that underpin them.
The fifth and final aspect of cross-cultural competence is developing cross-cultural skills.
Once you begin to understand the culture in which you will be operating and/or of those with
whom you shall be conducting business, you can translate this understanding into effective
business interactions.
None of these aspects of cross-cultural competence is ever complete. The process of global
learning requires an ongoing commitment of time and energy, and, perhaps more
importantly, the ability to admit that you never know everything and that you are always
open to learning something new. While the development of these competencies may be a
strategic imperative for todays industries and organizations, it can also be an enormous
source of personal and professional enrichment and pride for those who engage in this
process as a lifelong undertaking.
You are invited to use the Managing Across Cultures guides and the Doing Business in Regions and
Countries Around the World guides together in whichever way best suits your needs and interests.
It is recommended that you start by reading the Cultural Orientations Guide and grounding
yourself in a thorough knowledge of the COM and your own cultural orientations. You may
then select a title from either the Managing Across Cultures series or the Doing Business in Regions
and Countries Around the World series. One will offer you a comprehensive overview of the
dominant business culture in the target country or region while the other will provide you with
the necessary management skills across cultures in your area of business expertise.
Negotiating across cultures requires that you have an open attitude and flexibility in your
approach. You must be receptive to cross-cultural learning and maintain an open and
productive attitude toward difference. Successful negotiators must continuously challenge
their assumptions about other cultures and avoid quick judgments. In cross-cultural situations,
you will need to tolerate ambiguity and prepare for the complexity of cross-border
negotiations. Patience is a virtue; this remains true for cross-cultural negotiations as well.
Negotiating across cultures will require that you continuously pursue learning about other
cultures and their approach to negotiations.
To understand another persons culture, we must first understand our own culture. Self-
awareness and knowledge about ones own cultural preferences is crucial to negotiating across
cultures. A successful negotiator is able to understand and articulate his own cultural values,
beliefs and attitudes, as well as how they are reflected in negotiating behavior. Being able to
identify differences between ones own culture and anothersand to realize that these
differences can lead to misunderstandingsis important when preparing to negotiate across
cultures. Identifying ways to adapt your approach to support cross-cultural negotiations is
critical for success.
A successful negotiator is not someone who has memorized a list of dos and donts, but, rather,
one who has developed a global feel for negotiating across cultures. This means that there is
a need to recognize the cultural values, attitudes, beliefs and behaviors of others in order to
develop new cross-cultural negotiation skills. Those negotiators who are more experienced
can correctly identify the cultural orientations of their counterparts and how they are
expressed in the counterparts negotiating behavior. But, first and foremost, an international
negotiator needs to be a good observer, to be able to articulate areas of shared cultural
perspectives in finding common ground. Gauging the approach of ones counterparts to
negotiating, and their cultural orientations, will lead to less misunderstanding and stronger
cross-cultural relationships.
The more you understand about the history, economy, politics and business practices of a
specific culture, the more likely you will be able to succeed in negotiating across cultures. A
The larger question is, how can we develop the cross-cultural skills needed to negotiate
successfully across cultures? A successful negotiator has the necessary skills to work effectively
across cultures in many different business contexts. Experienced negotiators can translate
cultural awareness and knowledge into negotiation skills. There is no easy, quick way to
improve ones own ability to negotiate in cross-cultural or cross-border situations. Only
through experience and trial and error can you continue to refine and improve your
negotiation skills in order to adapt them appropriately to particular cultures and situations.
Understanding the cultural orientations of those with whom you negotiate across cultures is
crucial. Knowing, for example, that the Japanese tend to be formal and indirect in their
communication is important, but knowing how this affects your ability to negotiate with the
Japanese is even more important. In short, there is a need to go beyond an intellectual
understanding of how another culture negotiates. Knowing that the Japanese place great
emphasis on protocol and seniority in negotiations should influence your behavior the next
time you are in Tokyo. Changing your behavior to adapt to the particular negotiation context
and situation is the hallmark of a good international negotiator. Acknowledging the other
cultures approach to negotiation and responding accordingly is the ultimate goal. By better
understanding our own cultural preferences and those of our negotiating partners, we can
respond more constructively, thereby transcending cultural differences.
Negotiation Defined
What is negotiation? Is it the simple process of influencing others to achieve our own ends, or is
it a complex process in which teams meet to hammer out agreements that spell out the roles and
responsibilities of both parties as they engage in a business transaction? One dictionary definition
of negotiate reads, to confer with another or others in order to come to terms or reach an
agreement; to arrange or settle by discussion and mutual agreement (The American Heritage
Dictionary 1209). The historical root of the word negotiation comes from the Latin word
negotium, meaning business, neg meaning not, and otium meaning easy time or leisure
implying that people who negotiate with each other are not going to have an easy time.
The Russian approach to negotiation is to have an informal discussion with one or more
people and, over a period of time, come to an agreement. This often means that agreements
are reached in informal situations away from the negotiating tableon a break, or when
socializing. The Russian negotiator employs persuasion, reasoning and rhetoric to convince
the other party that his position is the correct one. The exchange of favors between parties
away from the table is, in many ways, the same as the Western concept of exchanging
concessions at the table.
The U.S. approach to negotiation is to have two or more people meet and discuss common
and conflicting interests in order to reach a mutually satisfying agreement. This requires a
more collaborative style of negotiating (called win-win) as opposed to the zero-sum (win-
lose) style of negotiating often found in Europe and Asia.
As Pierre Casse and Surinder Deal state, Negotiation is the process by which at least two
parties with different cultural values, beliefs, needs and viewpoints try to reach agreement on
a matter of mutual interest (Casse and Deal 2). The key word here is cultural. Understanding
cultural differences is essential to understanding how other cultures define, and go about, the
process of negotiation.
There is a need to learn and understand the business practices and communication styles of
the other party in a negotiation. It is important to understand how to establish relationships,
how to assess expectations, how to reduce conflict and how to develop effective bargaining
strategies. When we encounter behavior that is unfamiliar, we tend to view the others
behavior through the prism of our own culture. This often leads us to negatively evaluate
unfamiliar or different behavior, which undermines trust and prevents us from moving the
negotiation forward to a successful conclusion. Another response to the other partys
unfamiliar behavior is to ignore it. Because we do not understand it, we may miss opportunities
at the negotiation table. People perceive the process of negotiation from their own cultural
perspective or context. How we relate to each other, how we interact in the process, the ways
in which we present information, use influence strategies and attempt to reach an agreement
are all culturally bound.
This book explores the ramifications of culture for international negotiations by discussing how
cultural orientations manifest themselves during the negotiating process and exploring in detail
the seven phases of international negotiations. Chapter 1 analyzes a cultural case scenario and
describes negotiating behavior across the ten dimensions of culture. Chapter 2 reviews the
basic elements of the seven phases of international negotiation and Chapter 3 provides a
thorough going examination of how different cultures approach each of the seven phases. An
appendix concludes the book with a quick review of the Cultural Orientations Model.
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Chapter
THE IMPACT OF CULTURE
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ON NEGOTIATING BEHAVIOR
Case Scenario
ON
John Banner smiled at the headline in the Wall Street Journal announcing CreditCorp
Negotiates New Joint Venture in Japan. The article went on to say that the hard-charging
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John Banner had successfully negotiated a U.S. $1.2 billion investment for a 10 percent stake
in Nagano Securities with an option for an additional 5 percent in the next two years. The new
joint venture in Tokyo was named Nagano CreditCorp Shoken-Gaisha, or NCS. The new
company would begin wholesale investment banking operations and sell financial products
and services to both individual and institutional customers throughout Asia. There would be
five new divisionscommercial market services, retail market services, electronic products,
management services and personal financial management serviceswhich would sell
CreditCorps products and services in Japan.
The article went on to report that Nagano Securities had 127 domestic branches and 29
overseas offices with a total market capitalization of U.S. $5 billion. The president of Nagano
Securities was Kenichi Ken Mogi, age 58, a 35-year veteran of Matsubashi Bank and Nagano
Securities. CreditCorp, Inc., with its 500 domestic branches and operations in 27 countries,
was capitalized at U.S. $100 billion and had U.S. $200 billion in assets as of 1998. The CEO,
John Banner, age 47, was a 15-year executive of CreditCorp and had been promoted to CEO
upon his successful stint as executive vice president of sales in Europe, where he doubled
CreditCorps base of business in less than three years.
Banner thought back to the meeting he had had with Ken Mogi in New York one year ago,
when Banner had proposed that the two companies enter into a joint venture in Japan. Banner
had thought that there was a huge opportunity in Japan with its U.S. $10 trillion in personal
savings. CreditCorp, Inc., in its pursuit of establishing a global network of customers, products
and services, saw the joint venture as the entry point for increasing its share of Japanese
corporate and individual accounts for banking, securities and credit card services.
Two years ago, Nagano Securities had been embroiled in a scandal in which they had tried to
cover the losses of their preferred customers (from bad real estate loans and stock deals) at the
expense of Naganos minor individual accounts. Matsubashi Bank, a major shareholder of
Nagano Securities, had appointed Mogi as the new president just before his meeting with
Banner in New York. Most Japanese banks and securities companies had had problems after
the financial bubble burst in Tokyo in 1997 and 1998. As a result, Mogi was looking for an
Mogi invited Banner and his senior staff to Tokyo in January 1999 to discuss the joint venture
idea. During the negotiation, there were three main sticking points in reaching the final
agreement between CreditCorp, Inc. and Nagano Securities.
First, there was the problem of ownership. CreditCorp senior executives wanted a 51/49 split
to retain control of the joint venture. They reasoned that a U.S. $1.2 billion investment in the
joint venture gave them the right to control the company and its assets. Because the joint
venture would be in Japan, however, Nagano Securities wanted a 51/49 split in its favor. They
reasoned that their large Japanese client base would be reluctant to deal with a foreign
company in Japans very conservative banking environment.
Second, CreditCorp insisted that it should run the new joint venture and appoint the top
officers for NCS from its own management. CreditCorp reasoned that wholesale banking was
not Naganos strong suit, and that they had proven their inability to be financially sound by
U.S. standards when they became embroiled in the securities scandal in Japan. Nagano
Securities wanted its own people to head the new joint venture. They were willing to allow
CreditCorp to fill the operations and technology management positions, since they were the
dominant leader in the banking industry, but insisted that the board majority of the staff and
new president be Japanese.
Third, Nagano Securities was adamant that NCS absorb some 500 of the 2,000 relationship
managers or sales employees who were responsible for handling their major individual and
corporate accounts. They reasoned that for NCS to have credibility in the marketplace, it
would need the continuity of the sales force which would, in turn, create new business
opportunities in Japan. CreditCorp was extremely reluctant to allow these 500 managers to
be transferred to the new joint venture. With the low return on assets that Nagano Securities
had experienced in the past three years, CreditCorp managers felt that Nagano Securities was
dumping their poor performers into the joint venture and saddling NCS with the high cost of
Japanese salaries and benefits. Besides, with the technology CreditCorp was bringing to the
joint venture, such overstaffing would be unnecessary.
Banner assigned Roger Greene, 38, a Harvard MBA graduate and former Citibank vice
president of acquisitions, to negotiate the joint venture with Nagano Securities. On his team
were two other CreditCorp senior executives: Mary Ross, 42, who was in charge of business
development in the wholesale banking division, and Steve Martinez, 35, a rising lawyer in
CreditCorps trust department, from Miami. In addition, there was Wayne Tanakaa second
generation Japanese-American who had graduated from the University of California,
Berkeleywho was the general manager of CreditCorps Tokyo office, and his interpreter,
Mitsuko Ueda, a recent graduate of Waseda University.
Nagano Securities assigned Junichiro Ando, 65, a graduate from Tokyo University and a former
bureaucrat from the Ministry of Finance, as lead negotiator. Ando had recently retired from
public service and had been accepted on the board of directors for Matsubashi Bank five years
OF
personnel and a graduate of Keio University; Masaki Mike Akahane, 38, manager of business
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development and an MBA graduate from Stanford; Ari Matsuda, 32, a female manager in charge
of administrative affairs; and Tomoaki Itah, 28, a section manager in human resources. Also
assisting the Japanese side was Shuichi Ikegami, a senior director for corporate securities and
funds from Matsubashi Bank.
ON
Banner walked down to Roger Greenes office and gave him a copy of the newspaper with the
article. Once again, he congratulated Greene on his successful negotiation with Nagano
NEGOTIATING BEHAVIOR
Securities. Greene smiled as he thought back to his trip to Tokyo nine months earlier. He and
his team had arrived at Narita Airport after a 12-hour flight from New York, to be met not only
by Wayne Tanaka of CreditCorp Japan, but also by Junichiro Ando, Toshio Saito and four
other Nagano Securities staffers. A number of limousines provided by Nagano Securities
carried members of the two teams to the Imperial Hotel in downtown Tokyo, where the
CreditCorp executives would be staying during the negotiations. Ando informed Greene that
they had arranged for a dinner party at a famous Ginza restaurant at 7:00 p.m., to welcome
them to Japan. Although they were tired and suffering from jet lag, Greene accepted the
invitation on behalf of his team. They were soon picked up at their hotel and taken by taxi to
a restaurant, where a sumptuous feast and drinks were served. After much toasting and non-
business conversation, Greene found himself asking Ando about the next days negotiation,
and whether Ando had received the latest proposal and related information sent by
CreditCorp the week before. Greene was surprised when Ando deferred talking about the
negotiation and began a long conversation about his own experiences living and working in
Washington, D.C. At around 11:00 p.m., the party finished and the U.S. Americans were
informed that they would be picked up at 9:00 a.m. the next day and transported to Nagano
Securities head office in the Marunouchi district, where the negotiation would take place.
The following morning, Greene and the CreditCorp were greeted at the front door of the
Nagano Securities headquarters building and ushered into a large boardroom. Having awoken
in the early morning hours, the CreditCorp team had already spoken with headquarters over
the phone and learned that Banner had given an interview in New York to CNNs Financial
News, which would be aired in Tokyo that evening.
Banners style of business was based on the profit or perish model. In the CNN interview he
was quoted as saying, In the banking industry, we have to keep developing new services and
products. We can never relax because the fellow next door can enter the business anytime. We
have to run fast to succeed. When he was asked about the negotiation with Nagano Securities
in Tokyo, he said, Competition in the wholesale banking business on a global basis is very
keen. So, in a sense, we need to diversify our business to sustain growth worldwide. That is why
we are investing in Japan. With our banking strengths in on-line products and services we
should have no trouble leaping to the top of the wholesale banking business in Japan. He went
After an exchange of business cards, Greene formally introduced his team to the eight members
of the Japanese team sitting across from them at the long, mahogany negotiation table. Ando
thanked Greene for the introductions, then asked the person sitting to his right, Akahane, to
introduce the Japanese team in English. After the introductions, Ando welcomed the U.S. team
in Japanese, with Akahane translating his remarks into English. He went on for some time
discussing Nagano Securities past successes in joint ventures in Japan. Then he said:
In the past five years, we have established five joint ventures in cooperation
with two life insurance companies, three regional banks and a mutual loan and
savings company to provide our Japanese customers with quality products and
services. We also negotiated with JCB, a bank-affiliated credit card company
in Japan, to furnish credit card services to our consumers in Japan and abroad.
We are proud of our 50 years of history and we have been successful with our
joint venture partners because we enter into these agreements as if they were
a corporate marriage. We believe in an arranged marriage in which there is
give-and-take on both sides, just as occurs in a marriage between a Japanese
man and woman. For this to happen, we need to have good channels of
communication and mutual respect between our two companies. We will run
the joint venture with trust and respect for each other. Courtesy and a
continued dialogue between the two partners will allow us to resolve all
issues, big and small, that will be encountered in the marriage. We hope that
your Mr. John Banner will understand our situation in Japan.
Upon completion of his remarks, Ando asked Greene to talk about CreditCorp. Greene
thanked Ando for his welcoming remarks and proceeded to lay out the major differences
between the proposals of the two sides. He went on to list the three biggest issues: ownership,
management control and staffing. Then he asked Ando which of these three issues he would
like to address first. Akahane translated Greenes remarks to Ando, but to his surprise, there
was no visible reaction. Ando sat quietly and after a long silence said, Yes, we understand your
proposal well. He then went on to ask Greene how they found their accommodations at the
Imperial Hotel, and whether this was their first trip to Japan. This small talk continued for
about 30 minutes.
After the light discussions, Ando nodded to Akahane, who went on to lay out the Japanese
proposal, which he continued doing for some time. For Greene and his team, this was the same
The negotiation resumed at mid-afternoon, when the Japanese began asking questions
previously asked by the Japanese in writing and which CreditCorp thought it had addressed
OF
in its most recent proposal. Greene fielded some of the questions, but his team answered most
CULTURE
of the questions, as they fell in a team members functional area. The U.S. Americans answered
the questions in a direct, straightforward and concise manner. Throughout the afternoon,
additional data and details were provided, either verbally or in writing.
During the negotiation, the Nagano Securities team often broke into side discussions in
ON
Japanese that sometimes lasted 15 minutes or more. When Greene asked Akahane what the
Japanese were discussing, he was told that they were merely reconfirming their understanding
NEGOTIATING BEHAVIOR
of what had been said and that he should not worry. The U.S. Americans, growing restless,
pressed the Japanese to address the three main issues as presented, but were unsuccessful in
getting the Japanese to do so by the end of the first day of negotiations. The U.S. Americans
even wondered about the role of the others on the Nagano side, since instead of participating
in the discussion, they had just sat quietly and nodded in unison whenever Ando spoke.
Twice, Greene had tried to redirect the negotiation back to the three main issues of
disagreement. He had even offered to meet Andos request that the Nagano name come first
in the new joint venture if they could resolve the issue of ownership. He proposed that the
new joint venture be named Nagano CreditCorp Shoken-Gaisha. Although the Japanese
were agreeable to his offer, they were reluctant to address the ownership issue at that time. In
fact, Akahane went on to reintroduce issues that the U.S. side thought had already been
successfully addressed in earlier correspondence. This repeated questioning was annoying to
the U.S. team. At one point, Kate Myers interrupted Akahane to say, Why are you asking the
same questions all over again? Havent we answered them sufficiently? Cant we move on to
the real issues at hand? The Japanese then became very quiet until Greene suggested that
everyone take a break.
During the break, Ari Matsuda approached the interpreter, Mitsuko Ueda, to ask her if Greene
and his team would be interested in having dinner with Ando and Toshio Saito that evening.
Ando was looking forward to treating them all as his guests at his favorite members club near
the office. Ueda passed on the invitation to Greene and, much to her surprise, Greene thanked
Ando but politely declined. After consulting with his team he stated that the U.S. team
members were still jet-lagged and in need of rest. He stated that he and his team would like to
return to the hotel where they could review the days proceedings and prepare for the next day.
At dinner, Greene and his team reviewed the days events and concluded that they were no
closer to an agreement than they had been prior to their departure from New York. In fact,
since the Japanese had not responded to their proposal sent the week before, they felt that
they were back at square one. Greene knew, ultimately, that CreditCorps joint-venture
strategy was to concentrate on the direct distribution of products and services to various
market segments in Japan. Their hope was to develop a product mix that would provide their
Before the negotiation session began the next day, Ando introduced Shuichi Ikegami, from
Matsubashi Bank, to Greene. During an informal discussion, Ikegami explained that a few
members of the banks board of directors were concerned about the joint venture. He said that
member companies of the Matsubashi Group, a horizontally integrated conglomerate of
companies affiliated with Matsubashi Bank, had expressed their reservations about the joint
venture and had threatened to discontinue using Nagano Securities as their preferred
underwriter in the future. This news alarmed Greene and his team. After a brief side
discussion, they asked Ando to explain Nagano Securities business relationship with the
Matsubashi Group in greater detail. Ando then outlined the structure of the Matsubashi
kieretsu, the interconnected structure of the member companies. He stated that Mogi, formerly
with Matsubashi Bank, would handle this small problem, since his network at Matsubashi was
extensive. Greene and his team expressed their concerns about Matsubashi Groups
relationship with Nagano Securities. Ando responded that if Greene had the time, perhaps he
could visit some of Mogis contacts at Matsubashi and explain CreditCorps proposal to
establish the joint venture. Greene agreed to do so, but didnt understand what this ultimately
had to do with their discussions today.
The Nagano Securities team continued the negotiation with another round of questions and
expression of concerns. Ando proposed that the two sides address the issue of relationship
managers and the need for Japanese clients to feel comfortable with the services and products
of the new joint venture. What better way to do this than to make use of the sales force
already in place? He went on to explain the concept of shukko, or assigning staff to a subsidiary
or joint venture as a way of gaining experienced staff and a fast start-up in the marketplace.
Ando emphasized that relationships came first in Japan and that profits would be realized
later. Greene doubted that Banner and CreditCorps stockholders would wait patiently for
profits. He knew from his research on Japanese business practices that shukko was a traditional
way for Japanese companies to reduce head count and costs in times of recession or declining
business. He wondered whether the expense of higher salaries and benefits was justified,
based on the performance of these managers over the past three years, and told Ando this.
Greene and his team were concerned that Nagano Securities was using the joint venture to
dump poorly performing managers at a substantial cost to CreditCorp.
Ando assured Green that, if he agreed to accept the 500 relationship managers, the company
union would support the move of the 500 managers and agree to a 15 percent reduction in
salaries and benefits for those transferred managers. Greene knew that Nagano Securities had
a company union, but he had assumed that the union would not be problematic. The
discussion went on for some time and was finally resolved when Wayne Tanaka took Koji
Kobayashi aside during a break and proposed that Nagano Securities cover 25 percent of the
cost of salaries and expenses over the first two years of the joint venture. Although Greene
felt that this was a good idea, Mary Ross disagreed, saying that it would be awkward to
manage, measure and reward performance under Naganos present relationship management
system. In addition, once these workers were transferred, it would be difficult to fire poor
performers. Ando assured Greene that if he accepted the relationship managers, he (Ando)
After lunch on the second day, and having just agreed to meet Nagano Securities request on
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the relationship managers, Greene decided to address the ownership issue. He stated that
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CreditCorp was willing to invest another 5 percent in the joint venture over the next two
years, should Nagano Securities agree to a 51/49 split, which would leave control in U.S.
hands. He reminded Nagano Securities of their current financial situationthat their
stockholders would want CreditCorp to have control to ensure a healthy stream of profits
back to the United States. Ando reasoned that Japanese stockholders such as Matsubashi Bank
ON
would want just the opposite to reassure Japanese customers that they could trust the new joint
venture. The discussion went on all afternoon with only one decision being made. The joint
NEGOTIATING BEHAVIOR
venture and new company would be named Nagano CreditCorp Shoken-Gaisha, and listed on
the Tokyo stock exchange as NCS. However, both sides agreed to revisit the issue of
ownership later in the negotiation.
At the conclusion of the second days negotiation, Ando once again offered his dinner
invitation to Greene and his team. This time, Greene was happy to accept, but suggested that
he meet with Ando separately from his team and allow his team to prepare for the following
day. Ando agreed and picked Greene up at his hotel for dinner at his private club. Toward the
end of dinner, Ando told Greene that the issue of ownership was important to the Japanese
and could be a deal-breaker. He explained how difficult it had been to reach consensus on
their position, both internally and with the Matsubashi Group. Reaching agreement had been
extremely difficult and time consuming. Any changes on this point would be challenging for
Ando and his team. Beyond the issue of consensus decision-making, he revealed that Mogi had
used favors and obligations to align the senior managers of Nagano Securities and Matsubashi
Bank and get them to agree on the joint venture with CreditCorp. He asked that Greene talk
directly with Banner to see if a compromise could be reached wherein the Japanese side could
retain a 51 percent share of ownership. Greene told Ando that he would talk with Banner and
give him an answer the next day.
In his discussion with Banner, Greene learned that Banner was willing to sacrifice some control
as long as profits were high. CreditCorp was confident that their technology leadership and
expertise in wholesale banking would give them an edge in the key decisions of the joint
venture. Banner told Greene that, if Greene could staff key positions in the joint venture with
CreditCorp executives, he would be willing to give in to the Japanese request for a 51/49 split.
CreditCorp, however, would invest additional money into the joint venture based only on
future performance measurements to be agreed upon by both parties.
On the third day of the negotiation, Greene opened with a counterproposal. If Nagano
Securities would agree to CreditCorps request to staff the top management positions of the
joint venture, CreditCorp would be willing to agree to Nagano Securities need for ownership
control. After translating the counterproposal, Ando thanked Greene for his new proposal and
told him that he would get back to him after conveying the information to Mogi and his senior
At the end of the morning session, Ando asked Greene and his team if they had planned any
sightseeing in Tokyo. He suggested that Greenes team stay as guests at the Naganos company
resort house, a local onsenor hot springs bathin Kamakura that afternoon, and that they
could resume the negotiation the next afternoon. Greene was surprised at the unannounced
break in their discussions and suggested that they continue their talks to ensure that they
could come to an agreement before their scheduled departure on Friday evening. Ando told
Greene that Nagano Securities needed the additional time to present CreditCorpss
counterproposal to their management. Reluctantly, Greene and his team agreed to the trip to
Kamakura.
Masaki Akahane and Ari Matsuda accompanied the team on the train ride to Kamakura from
Tokyo. Knowledgeable about the Kamakura area, Akahane provided amusing anecdotes to
entertain his guests. After visiting the Great Buddha of Kamakura and bathing at the onsen, the
group retired to a large tatami room, where dinner and drinks were served. After dinner, the
U.S. team was invited to go singing at a nearby karaoke bar. On the train ride home, Akahane
asked Greene about a recent article he had read in the Asian Wall Street Journal about a new joint
venture between a U.S. and Chinese company, in which the top management positions were
held jointly by both sides for a one-year period. This allowed both sides to learn from each
other and to manage the new company jointly. Akahane wondered if CreditCorp had any
experience with this type of management structure. Greene said that he had not read the
article, but that it sounded like a good idea worth considering.
Ando led off the Thursday afternoon session with a review of the negotiation to date and
Nagano Securities response to CreditCorps counterproposal on Wednesday. Nagano
Securities would be willing to give CreditCorp broad discretion on staffing the top
management positions if they agreed to the 51/49 ownership issue in favor of Nagano. Ando
explained some of the difficulties of hiring, developing and firing Japanese employees in
Japan. With the acceptance of the relationship managers and other employees transferred
from Nagano Securities, Ando was concerned that CreditCorp would have difficulty
motivating and retaining staff. Ando then asked Akahane to present his own proposal for
staffing key top-management positions at NCS. Akahane drew up an organizational structure
that had parallel positions at all senior management levels (for example, two vice presidents
of finance, one Japanese and one U.S.-American), explaining that such a structure would
integrate the two cultures and provide a consensus-based decision-making process for
resolving conflict. The presentation went on for some time, with Greene and his team asking
questions to clarify their understanding of the proposed structure.
Greene understood that, ultimately, staffing the new joint venture was an issue of creation and
control. He understood that conflicting cultural assumptions can have disastrous
consequences for new organizations. He was also aware that numerous Japanese and U.S.
Greene felt that CreditCorp should stand firm on their need to staff the joint venture. Tanaka
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pointed out that CreditCorp managers would have little credibility with Japanese customers,
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government officials or employees. He suggested that all selected managers have a thorough
understanding of Japanese language, culture and management practices. To ensure success, a
training and orientation program would be designed and implemented on both sides of the
joint venture. Tanaka also suggested that CreditCorp seriously review key positions and
determine which ones required the most interaction with the Japanese business environment
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and should be staffed by Nagano Securities and which should be staffed by CreditCorp.
Everyone agreed that the president of the new joint venture, the vice president of information
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technology and the vice president of banking operations should be selected by CreditCorp.
Greene suggested that the position of chairman and that of vice president of human resources
and sales should be selected and staffed by Nagano Securities.
The meeting resumed after a two-hour break, and Greene responded to Akahanes proposal for
staffing by countering with his own proposal, including the suggestion that the chairman of
the organization be Japanese. After some discussion, Ando told Greene that he and his team
would respond to this proposal on Friday morning. Greene approached Ando and asked if it
would be possible to meet privately after the session. In a private meeting room, Greene told
Ando that he would have a problem going back to Banner with the present deal if Nagano
Securities did not agree with their need to staff these key positions. He reminded him that
CreditCorp had conceded on two of the three issues brought up at the beginning of the
negotiation, and that he needed to show a positive result to Banner before he and his team
returned to New York. Ando nodded, exhaled slowly, and said: I will do my best to support
your proposal.
The following morning, Greenes team was anxious to wrap up the negotiation and fly back to
New York. Ando again addressed the U.S. side and expressed his gratitude for their time and
effort. He went on to inquire whether Greene and his team would be available for a meeting
in two weeks in New York at CreditCorps headquarters. Ando told Greene that he would call
Banner personally to set up the meeting and hoped that Banner would be able to attend the
meeting. Ando then rose from the negotiation table and bowed to the U.S. side. Greene and
his team looked at one another in some confusion, not knowing what to do next. It appeared
that the negotiation had ended without an agreement.
The following section considers each of the ten dimensions of TMCs Cultural Orientations
Model and the ways in which each can manifest itself in the negotiating process.
Environment
All negotiators strive to control their immediate environment in a negotiation. The context of
the negotiation, the physical location, time, language and psychological space are
manipulated to each sides advantage. There are basically three approaches to controlling the
immediate environment or the context of the negotiation: control, harmony and constraint.
A negotiator who prefers a control orientation drives all aspects of the negotiation, from
choosing the physical location to setting the agenda. As an individual negotiator, you expect
to influence and change the negotiation environment to fit your needs. Schedules,
responsibilities and performance standards are clearly communicated to both sides. You are
not shy in taking charge of any situation and are highly optimistic and self-confident in your
approach. Alternatives or options are selected to enhance problem-solving as issues are
outlined and discussed. Opportunities are seized and risks taken to deliver dynamic and
novel business propositions. A proactive approach to solving problems through persistence
and creativity is employed. You often assume that others should conform to your own
approach to negotiating. A highly control-oriented person displays impatience with
intangible and vague statements, assessments and evaluations of ongoing discussions by the
other side. Communications technology is used to bridge distance, time and cultural
differences. Conflict over positions, the process of give-and-take, and the need to bargain
are assumed and expected.
A person who has a harmony orientation to the environment seeks out members of his group or
the other side to arrive at a mutually beneficial solution. As an individual negotiator, you expect
to balance your own approach to negotiation with the needs of the other party or to meet
external constraints. Consultation before making any decision is assumed and expected. Issues
are reframed and alternatives selected to present a flexible position to all involved. Attempts are
made to adjust initial positions to those of the counterpart, and there is the expectation that they
will adjust to the other sides needs or wants as well. Establishing and maintaining positive
relationships is of key importance to you and the members of your team. Compromise and
conciliation are used to avoid conflict and reduce the risk to all parties. You exhibit stress when
other negotiators display a win-lose or confrontational style of negotiation. Opportunities and
business propositions tend to be well thought out and take into consideration the needs of the
other side. The approach to risk is to look for precedent and maintain the status quo rather than
to seek novel approaches to problem-solving. When proposing a new idea or making plans, you
readily assume that a compromise will be required to reach agreement.
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or the external constraints you cannot control. You prefer to negotiate with clear guidelines
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and parameters given by superiors or those in charge. You assume that you must act within the
given limits of a set of negotiation parameters. You have a tendency to frame issues and
alternatives according to the demands, actions and approaches of your counterpart.
Opportunities and business propositions are guided by considerations of security and of
minimizing risk at all stages of the negotiation. Consistency and predictability in business
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partners is sought from the other side. A reactive approach to problem-solving is employed.
The creation of elaborate and fixed contingency plans helps to mitigate risk or change.
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Renegotiation after the signing of the agreement is assumed.
Time
Cultures with single-focused and fixed orientations to time are sometimes referred to as
monochronic cultures. They are called monochronic because they view time as being
composed of a series of single events with definite beginning and ending times. Individuals
from monochronic cultures break negotiating positions into manageable issues and focus on
one issue at a time in a step-by-step manner. As an individual negotiator, you prefer a simple,
straightforward situation that can be broken down into a series of tasks to be performed over
time. The approach to problem-solving is analytical. The most important issues are prioritized
and handled one at a time. Time is highly valued and should be defined and managed
precisely. It is a major consideration when planning and making commitments. Timelines are
rigidly defined and adhered to throughout the negotiation. Being punctual and keeping
precisely to a schedule are seen as indications of good planning and reliability. Progress can
be measured by how many issues have been resolved. You easily get frustrated when people
do not adhere to schedules or plans. Agreements are crafted to show immediate effects and to
have their effect in the short term. Quick fixes are acceptable, and change is expected, when
crafting acceptable solutions.
Cultures with multi-focused and fluid orientations to time, by contrast, are called polychronic.
Individuals in polychronic cultures do not view time as consisting of a series of discrete events
that occur in sequential order over time. Instead, they view events as well as relations over time
as interconnected in a myriad of ways. As negotiators, they prefer a dynamic environment and
welcome change. Therefore, they are able to pay attention to multiple tasks and relationships
simultaneously. When negotiating, they tend to focus on the entire negotiation, not just
individual issues. Issues can be discussed at any time during the negotiation and often are
reintroduced for further clarification toward the end of the negotiation. As an individual
negotiator, your approach to problem-solving is holistic, and various perspectives can be
discussed during the negotiation. Keeping to exact timelines and schedules is not essential. You
feel that time cannot be tightly defined or tracked for management purposes. You often display
frustration when you have to concentrate on one person, issue or question for an extended
The present time orientation emphasizes bottom-line results, and progress will be measured
in quarters, months, weeks and days. Although concerns for a long-term future or relationship
are expressed in the negotiation, emphasis is on the immediate present and the short-term
future. As an individual negotiator, you are motivated by promises of quick results and
handling day-to-day problems or crises. This present orientation often excludes the need for
long-term planning or results. Those with a past time orientation expect longer-term planning
horizons in which precedent and past relationships are taken into consideration. Stability and
continuity with traditions are important to those with a past orientation, and plans are judged
by how well they adhere to traditions or past precedents. Precedents and past successes are
important in solving problems and making decisions. You display skepticism in the face of
novel ideas, concepts and proposed changes. Those with a future time orientation expect
agreements to be strategic in nature and to take effect over a longer period of time. Progress
is measured in fixed milestones over years, or even decades. Problem-solving focuses on
tangible improvements over time and the quick fix is ignored. As an individual negotiator,
you are motivated by profitable and beneficial results that occur in the future. You have a high
tolerance for setbacks, changes and counterproposals so long as they do not affect the long-
term outcome of the negotiation.
Action
Those with a being orientation value the process of building and maintaining both personal
and business relationships with others. The emphasis is on quality of life, affiliations and
personal relationships. Job satisfaction, quality of organizational life, harmonious
relationships with team members, and inclusion in challenging work are what motivate and
reward you. Considerable time is spent building rapport and trust before entering into a
negotiation. As an individual negotiator, you are motivated by building and maintaining good,
trusting personal relationships for the purpose of making negotiations easier to conduct.
Although you spend much time in developing relationships, you hesitate to disclose
information about yourself until trust has been built. It is important to ascertain the integrity
and compatibility of your counterpart before allowing him to enter into a closed network.
When meeting new people in business, you require a relatively long warm-up period. You are
careful not to extend trust too quickly at the negotiating table. This lengthens the planning
and orientation phases of negotiation. Small talk, social occasions and ceremonial events may
be utilized to overcome initial skepticism and suspicions of the other party. You tend to
scrutinize issues carefully. You do not jump to conclusions or take action quickly. Decisions
need to be well founded and well grounded before implementation can occur. Therefore, a
strong being orientation may impede flexibility and responsiveness due to your relatively slow
decision-making processes.
Those with a doing orientation value the process of resolving issues and accomplishing tasks
at the negotiation table. As an individual negotiator, you are motivated by a desire to get the
job done or to solve problems, rather than by building personal relationships. Relationships
are business-to-business, not personal. Personal relationships may develop, but they are not
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considered, they may not be viewed in detail or at length before a decision is made. The
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emphasis is on achieving external measurable accomplishments and goals. Reward and
recognition are measured against established standards of performance. An open-network
approach is followed, which allows both sides to focus on the tasks of negotiating and less on
building personal relationships up front. Business relationships are built on problem-solving,
task accomplishment and a commitment to agree upon deliverables. A strong doing
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orientation often leads negotiators to push the negotiation to closure in order to get a signed
contract in the shortest period of time.
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Communication
Differences in communication can be subtle, and they often lead to problems in negotiations.
A negotiators approach to sharing and exchanging information can be classified as being
either high- or low-context.
To those with a formal orientation, the degree of formality and appropriateness of behavior in
any given situation is taken to indicate the sincerity, intentions and trustworthiness of the
other party. It is important to observe specific etiquette and forms of conduct when
negotiating. As an individual negotiator, you see the lack of formality in others as an indication
of their lack of professionalism, education and social graces. You have an aversion to informal
speech, clothing, manners and forms of address at the negotiating table. You believe that
prescribed norms are conducive to the overall process of putting the person at ease and
reaching agreement. Formal cultures place a high value on following business policies and
social customs. Saving and giving face in private interpersonal exchanges is as important as
how face is managed in more public formal negotiation sessions.
In informal cultures, the use of informal language and behavior in all situations is seen as a
way to invite the fair and equal participation of all to focus on solving the issues at hand. As
an individual negotiator, you value the flexibility and spontaneity team members bring to the
negotiation. You support the appearance of basic equality between team members and treat
the other side as peers or colleagues during the negotiation. Therefore, it is important to
eliminate formality and prescribed forms of conduct in the negotiation. You are
uncomfortable in situations that require formal dress and forms of address. You believe that
formality obstructs the flow of communication, puts social distance between two parties, and
prevents both sides from reaching an agreement. You need little background information
about those with whom you negotiate or conduct business.
Relationships, trust and compatibility are not primary considerations when doing business in
low-context cultures. Observance of deadlines and schedules is more important than
maintaining image or status among individuals or groups. Therefore, negotiation and
bargaining should take place in a structured, public forum. Conclusions are explicit and are
captured in writing throughout the negotiation. Plans tend to be detailed and depend upon a
contractual relationship for implementation purposes. Contracts are long, detailed and
specific, placing faith in the spirit of the law to govern the behavior of both parties.
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You prefer an emotionally detached way of presenting information in order to convince and
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persuade the other side. Emotional expressiveness in others may cause you to doubt their
professionalism, credibility and trustworthiness in negotiations. You tend to have limited
tolerance for overt displays of emotion at the negotiating table.
Space
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Negotiators can be categorized according to their distinctions between private and public
spaces. People in different cultures have contrasting personal space requirements as to such
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things as the distance they place between individuals, the degree to which office space is
demarcated as public or private and the rules governing the use of each type of space.
Public cultures are accustomed to having open-door meetings with frequent interruptions.
Negotiators tend to stand closer together and tend to touch when communicating.
Negotiators prefer a relationship-oriented style of negotiation and select locations that
enhance the development of trust and rapport. This lets-get-to know-each-other-better style
of negotiation may conflict with cultures that rely heavily on task accomplishment. While
technology may be extensively used for communications, it does not replace the need for face-
to-face meetings.
Site selection is an important aspect of protocol because it affects psychological space or the
climate of the participants. The location and conditions of the meeting facility can have a
direct bearing on the outcome of negotiations. There is a psychological advantage to those
negotiators who can select the location or leverage the culture gap created by differences in
space orientations. The conditions presented by public-oriented negotiators may seem overly
small, crowded and noisy to private-oriented negotiators. Private-oriented negotiators, on the
other hand, may make public-oriented negotiators uncomfortable in the distance they place
between negotiators through seating arrangements, the size of the table or room size. To be
Power
The degree of comfort with differences in power, authority and status between parties in a
negotiation can affect the outcome significantly as both sides jockey to influence and
persuade each other. Negotiators with a hierarchy orientation tend to see power and authority
as centralized and controlled. As an individual negotiator, you prefer to negotiate with a
person of equal rank. The negotiation team is carefully selected, with roles and responsibilities
in the organization clearly defined according to age, position, title and status. Although
technical and managerial skills are considered, final selection is based on hierarchy and power.
A show of public respect and deference is given to those in power by using appropriate forms
of address that reinforce hierarchical structures and social status. Individual negotiators expect
to negotiate with others of equal status or power. Managers higher up in the organization
make all of the decisions, concessions, offers and agreements. It is not appropriate to bypass
formal lines of authority in order to complete a task. Subordinates and individual team
members rely on their superiors or team spokesperson, and they rarely question decisions or
contradict those decisions in public. Changes in positions or responses to counterproposals
are problematic, since they require lengthy discussions and approval by managers not
immediately involved in the negotiation.
Individualism
In most cultures of the world, individuals identify strongly with groups and expect to work
collectively to accomplish business goals. In these cultures, independent, individual attributes
are not very important in forming individual identity. Most cultures, therefore, are
collectivistic in their orientation to individualism. When negotiating, one must first
determine whether the other party is collectivistic or individualistic in its approach to
negotiation. Negotiation in individualistic cultures places a high value on independence, on
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each team member and the overall outcome. As an individualistic negotiator, you value and
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admire self-driven, determined, self-motivated individuals. Accountability is allocated to
individuals on the negotiation team, but responsibility resides primarily in the team leader. In
individualistic cultures, there may be a preference for negotiating alone or in smaller teams,
to save time, money and personnel. Value is placed on individual decisions rather than on
those arrived at by consensus. Constructive confrontation is often employed to arrive at the
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best possible solution in the shortest period of time. Individuals are expected to make their
views known when plans and strategies are being discussed and developed.
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Collectivistic cultures place a high value on subordinating individual interests to group
interests, on relationships over task accomplishments and achievement, and on recognition
based on group performance. Collectivistic negotiators focus on organizational skills,
knowledge and authority when preparing for a negotiation. Negotiation teams are well
coordinated, and roles are clearly defined. Conformity to group standards, policies and
procedures is expected. Your identity is defined as a member of the negotiation team. Your
loyalty is given to the group or company, not to the matter being negotiated. Contributions
are made as an extension of the larger organization or group. Success is measured by the larger
achievements of the organization, and accountability is diffused throughout the group. Value
is placed on reaching consensual decisions over individual ones. As a collectivistic negotiator,
you defend decisions made by the team, even if you disagree or have no role in their
finalization. Conflict or confrontation that causes another person in the group to lose face is
to be avoided if at all possible. Open conflict is seen as both negative and disruptive. Plans are
based on the shared values of the group and implemented through the strength of group
relationships, rather than through a simple assignment of tasks to individual team members.
When negotiating, you may rely on a universalistic orientation that places a high value on
standards, procedures, rules and law. If so, you treat others with fairness, openness and equality
and expect them to treat you in the same way. The negotiation process should be well defined
and standardized so as to meet your expectations of the right way of conducting business.
You have a strong sense of right and wrong when dealing with issues of ethics and behavior
during the negotiation. When presenting your position or determining your bargaining
approach, you apply the appropriate rules, standards and principles to persuade and influence
the other side.
Competitiveness
Competitive cultures stress win-lose outcomes, task achievement, and getting the best
possible deal at the end of the negotiation. Cooperative cultures stress win-win outcomes,
interdependent relationships, and understanding the needs and expectations of the other side
in order to arrive at a mutually beneficial agreement.
As a competitive negotiator, you are motivated by the need to outperform others. Material
success, achievement and performance are high motivators. The achievement of expected
outcomes and projected results are drivers in the negotiation. Efforts are made to influence
and persuade the other party to accept the superiority of your position, product and/or
solution. As an individual negotiator you expect others to articulate, assert and defend their
positions in the negotiation. Plans are developed and implemented quickly. Progress is
measured and evaluated through meeting deadlines, schedules and contractual obligations.
Proposals and issues are crafted for a specific detailed outcome, which is presented to the
other side for their buy-in.
Structure
The degree to which negotiators are comfortable with uncertainty, change and new ways of
doing business determines their approach to risk in a negotiation. People with a strong order
orientation tend to follow and expect a predictable course of action. Security and confidence
come from following tried-and-true methods. Efforts are made to reduce risk by instituting
policies and procedures (both written and unwritten) and applying them consistently across
all situations. As an individual negotiator, you are comfortable with clearly defined
parameters and guidelines for negotiating with others. When faced with an unknown
counterpart or a different approach to negotiating, high-order cultures display stress and
frustration with changes, and are less willing to take risks. Changes in positions, or too many
counterproposals, tend to lower trust and damage the relationship. A structured approach to
negotiation with clearly defined team roles, consensus decision-making and formality all
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Flexibility-oriented cultures do not expect negotiations to follow a predetermined course of
action. People with a strong flexibility orientation tend to have a high level of tolerance for
change and deviation in plans. Success is based on how quickly the team can adapt to
changing demands, conditions and considerations. As an individual negotiator, you value
innovative and unconventional ways of doing things and are open to new ideas for solving
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problems in the negotiation. Your emphasis on newer, better and bigger benefits is used to
influence and persuade the other side to agree with your proposals. Lack of flexibility in your
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counterpart results in a reduced level of trust and confidence. Positions and strategies are
planned to provide the widest degree of flexibility or number of alternatives. Doing whatever
it takes to achieve a good result is expected and rewarded. A less structured approach with
loosely defined team roles, individual decision-making, and informality all contribute to a
greater willingness to take risks. Contracts and agreements are seen as a necessary evil in
reaching an agreement. Flexibility-oriented negotiators are comfortable with verbal
agreements or broad contracts that allow details to be worked out later.
Thinking
As a deductive thinker, you are more comfortable with information presented in a format that
begins with a general introduction and ends with a specific conclusion. When evaluating a
proposal or position presented by the other side, your focus is on the overall guiding
principles. You base your own position on sound concepts or guidelines, then fit your data to
support that position. You need a great deal of background information before getting down
to the specific details of a negotiation proposal. As an individual negotiator, you prefer to
focus on the overall proposal rather than single issues. Influence and persuasion strategies are
based on how things should be, rather than on how things are.
As an inductive thinker, you are more comfortable with information presented in a format that
begins with a specific conclusion and then goes on to discuss information or data which
support that conclusion. Your focus is on the specific issues or evidence required to persuade
others that yours is the best proposal. You base your own position on expertise and experience.
Data and evidence are analyzed to reach a specific conclusion. As an individual negotiator, you
prefer to focus on specific contentious issues rather than on common ground or issues in
agreement. Influence and persuasion strategies are based on how things are and what has
worked previouslynot how things should be.
As a linear thinker, you prefer to convert issues into causal chains of events, documenting
cause and effect to help you develop a negotiation strategy or set of tactics. Arguments and
counterproposals should be logical, supported by sufficient evidence or data that will persuade
the other side. As a negotiator, you prefer to look at discrete issues and how they affect you
As a systemic thinker, you prefer to discuss issues within the context of the whole negotiation,
and see all issues as being interdependent. Before developing a strategy, you need to get the
big picture. Your approach is to ask many questions to ensure that you have sufficient
background information from the other side before making any decisions. You prefer that
arguments and counterproposals be holistic, integrating solutions that take into consideration
how others will be affected. A negotiation planning sheet or checklist is considered helpful
when planning how to respond to the other sides objectives and issues.
The first contrast between the two negotiating sides is a fundamental difference in their
orientation to the action dimension. Whereas the U.S. Americans are strongly doing-oriented,
the Japanese display a being orientation with some leanings toward doing. This difference
makes itself felt almost immediately after the arrival of the U.S. team, when Greene and his
colleagues are treated to a lavish dinner at a well-known Japanese restaurant. For the doing-
oriented Greene, this dinner presents the first opportunity to begin preliminary discussions
concerning the deal. His being-oriented Japanese counterparts, however, intend the dinner as
an informal way of becoming personally acquainted with their counterparts and assessing
whether they are trustworthy partners for a negotiation. To the Japanese, it is inappropriate to
commence business in such a setting and so early on. Ando is therefore unwilling to respond
to Greenes attempt to engage in a discussion about the next days negotiations.
Subsequent invitations over the course of the negotiation, on the part of the Japanese team and
its leader, to have drinks or to spend an afternoon and evening at a nearby spa, are all further
reflections of the Japanese being orientation. For the Japanese, such informal occasions are
integral to the negotiation, because they foster personal ties and help establish good will on
both sides. Although the doing-oriented U.S. Americans may enjoy these activities, they
generally view them as a digression from the negotiation and, as such, a waste of time. Since
their willingness to compromise does not derive from a sense of personal affinity or obligation,
the U.S. Americans cannot recognize the full import of spending extended periods of time with
their negotiating partners in social settings not discussing business.
Further significant differences between the U.S. and the Japanese approach to negotiating
derive from the combined effect of their opposite orientations to the environment, to
individualism and to competitiveness. The Japanese orientations to these dimensions are
harmony, collectivistic and cooperative, respectively, whereas the U.S.-American
orientations are control, individualistic and competitive, respectively. These important
differences find expression in a variety of ways.
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revealed when Banner comments to CNN that CreditCorp seeks to reduce its risks by
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diversifying globally. Banners elaboration on CreditCorps policy as being one of staying in a
particular country so long as the venture is profitable and then pulling out once profits drop,
reveals an approach that relies on controlling the surrounding business environment. Once
control can no longer be exercised to Credit Corps advantage, the company pulls out. There
is no effort made, however, to fit in with the surrounding environment in order to achieve
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results nor, alternately, is any great effort made to emphasize the human factor in business and
attempt to improve business through the exchange of favors and obligations. This contrasts
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sharply with Andos revelations later on during the negotiation that Naganos relations with its
customers relies, in part, on an exchange of favors, and it also contrasts with Naganos
insistence that the joint venture retain 500 of Naganos current relationship managers. Both
points indicate the strong presence of a harmony orientation in Japanese business culture.
This harmony orientation is strengthened by and interacts with the Japanese cooperative
orientation, which encourages loyalties to others and to the business organization as a whole.
Thus, in his opening remarks, Ando describes the new joint venture with CreditCorp as a
marriage in which there is give-and-take on both sides. This cooperative view of negotiating
contrasts sharply with CreditCorps competitive orientation. Banners motto of profit or
perish succinctly sums up the competitive orientation. The U.S. teams focus on maximizing
profits over considerations for the fate of the individuals involved in the two companies
derives both from its competitiveness and from its individualism.
Yet, although the Japanese exhibit an order orientation that contrasts with the U.S. flexibility
orientation, the Japanese also demonstrate a certain flexibility that is not shared by the U.S.-
American team. Both cultures have a fixed orientation to time and they therefore expect
meetings to begin on time and appointments to be made promptly. Yet, within the very set
structure that the Japanese establish (order and fixed-time orientations), they exhibit
flexibility in their willingness to manipulate the context of talks and the sequence of individual
events, for the sake of the negotiations. The U.S. team, on other hand, is negotiating toward
a schedule (the U.S. fixed-time orientation). They view the negotiating agenda as a carefully
scripted series of events, arranged so as to ensure that they leave Japan within the allotted
The Japanese and U.S. teams are also quite different in their approach to communication. On
many occasions, the difference between the U.S. direct and the Japanese indirect orientations
emerges. The contrast between Banners blunt comments about how CreditCorp conducts
international business and Andos use of an analogy to express the Japanese approach to business
is one of the first occasions. The difference arises again when Ando gives Greene an evasive
response of Yes, we understand your proposal well, in answer to Greenes question about which
of the three contentious issues Ando would like to discuss firstand Greene and his team are
baffled. Furthermore, since the issues are contentious and the Japanese would like to avoid
conflict, Greene finds it difficult to get the Japanese to address them directly during formal talks.
Instead, the Japanese wait to discuss these issues during private one-on-one conversations in
informal settings. The Japanese preference for more informal, social settings for interacting with
their negotiating counterparts also reflects their high-context style of communication
There are many differences that can occur when negotiating across cultures that can affect
your success. Anticipating these differences and understanding the expectations of the other
side is the first step toward effective cross-cultural negotiations.
How we think and process information are programmed by our culture. We rarely validate
this process or examine it closely. Our minds seek internal consistency among our beliefs,
attitudes, values and so on. This is how we learn, and how we interpret the world. To maintain
Stereotypes help us maintain our image of the world. Behavior that is not understood or that
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does not meet our expectations in a given context is interpreted through the prism of our own
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values and cultural perspectives. Therefore, when negotiating across cultures, we must be
careful to properly observe and understand another persons behavior.
For example, in the United States, negotiations are viewed as a problem-solving exercise, in
which efficiency is prized, persuasion used, tactics accepted, compromises expected and
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fallback positions probed. People from Latin America or Asia, however, may see negotiations
as a basis for entering into a long-term relationship in which connections are paramount,
NEGOTIATING BEHAVIOR
obligations are sought and repaid, principles are accepted, concessions are made by the
stronger party and positions are presented expressively.
Culture affects negotiations greatly through the following areas: communication styles;
language; decision-making; the importance of form, protocol and status; the choice of team
members; and the methods of persuasion and influence.
To negotiate in good faith, both sides must speak a common language. They must also share
knowledge, assumptions and meanings that will be used and rules that will guide the
negotiation process. Without a frame of reference, it is difficult to negotiate across cultures.
Left alone, an individual will develop his own stereotypes and generalizations about the other
sides particular interests, perceptions, attitudes and beliefsall of which form a unique frame
of reference. Different cultural experiences produce different interpretations of the other
persons frame of reference.
OF INTERNATIONAL
The following model of international negotiation is provided so that you can examine how
different cultural groups place emphasis differently during the negotiation process. A seven-
phase model is presented to show how the use of time, approach to task accomplishment, and
role of relationships in business and persuasion strategies are exhibited differently across cultures.
NEGOTIATION
Figure. 2.1 The Seven Phases of International Negotiation: As this figure illustrates, the seven phases
go in and out of being- and doing-oriented activities. Strategic Planning and Analysis (1) consists almost entirely
of doing activities. Network Entry and Approach (2) requires a mixture of doing and being activities. Building
Personal and Business Relationships (3) is almost entirely composed of being activities, whereas Orientation and
Presentation (4) once again requires both doing and being activities. Bargaining and Persuading Others (5) also
involves both the doing and being orientations. Reaching Agreement (6) returns to mainly being activities and in
Follow-up and Maintaining Relationships (7) being and doing activities both come into play, as the negotiator
seeks to maintain relationships while planning for further negotiations.
OF INTERNATIONAL
and Canada, or it can be lengthy, as in Japan and China.
NEGOTIATION
Phase 4: Orientation and Presentation
This phase involves gathering, assessing and presenting the information needed to outline
interests, issues and needs. When personal relationships are built and business networks
penetrated, each side undergoes a period of orientation to its counterparts way of doing
business, its organizational culture, the individuals involved and the specific circumstances of
the specific relationship. Each side and person involved engages in a reassessment of the other.
Each party seeks to understand the others goals, constraints, problem-solving approaches and
requirements. And, based on this assessment, each side defines the business interests that will
guide the future relationship. Based on this assessment and definition, all parties involved form
an alignment. This alignment critically determines the tone for Phase 5. Depending on the
cultural region, this phase requires varying amounts of attention, time and resources.
OF INTERNATIONAL
Showing a Commitment to Negotiating Internationally
The following enumerates the most important points for showing commitment when
negotiating across cultures, based on the seven phases described above.
Understand that persistence may be required to gain entry into the network and that, as an
outsider, you may be trying to penetrate a network that has existed for a long time.
NEGOTIATION
Use correspondence, telephone conversation, fax and e-mail to set the stage for the
initial meeting.
Spend sufficient time to identify the decision-maker and the limits of that
persons authority.
Beformal in communicating initially; then match the other partys expectations for
formality in a business relationship.
Allow for business socializing to develop the more personal side of the relationship, and
allow this to become part of the negotiation process.
Inthe presentation phase, place more emphasis on finding out the interests of the other
side as opposed to just gathering factual information.
Balance the other partys presentation or persuasive arguments with your own
rational approach, accompanied by objective information, expert testimonials and
emotional appeals.
Spend sufficient time to maintain the relationship after the contract is signed, in order to
ensure future success.
People with different cultural backgrounds bring different expectations to the negotiation
table. The following should be considered:
Part of the strategic planning process is to get you to understand the negotiation both from
your own point of view and from that of your counterpart. You need to set objectives for the
negotiation; check your facts and assumptions about the other party, and their issues and
needs; brainstorm options and alternatives; plan strategies and tactics; and, finally, practice
your negotiating skills as a team.
Know the situation. Investigate the political, economic and historical background of the country
and company with which you will be negotiating. Consider the ramifications of politics,
economics, culture and social organization. Know yourself. Identify your team members.
You also need to determine individual skills, strengths and weaknesses; group skills and team
roles; and objectives, needs, issues, positions, alternatives and options.
You must also identify who they are, past experiences with them, and their objectives, needs,
issues, positions, alternatives and options.
Another aspect of strategic planning is influencing the negotiation process by controlling the
agenda. Your strategy should be to get your agenda adopted and include those substantive
issues that you want to negotiate. Remember that the agenda and other procedural elements
of a negotiation are negotiable. A well-thought-out agenda will help you organize and
prioritize the issues to be discussed, as well as measure your progress and set a credible
deadline for success. Finally, circulate the agenda ahead of schedule to get agreement from
members of your team and identify those who will participate.
Team Selection
What size team should you send overseas to negotiate with the Japanese? With the Germans?
With the Brazilians? Can one person alone negotiate against a team of ten? It is not unusual
to hear about the lone U.S.-American negotiator being sent abroad to negotiate a complicated
deal. In fact, on the whole, U.S. and Canadian companies send smaller teams than do their
international counterparts.
Then what size team is right? The size of the team should reflect the number of tasks required
and the abilities of the individual negotiator(s). Team size should:
While there are no hard-and-fast rules for establishing team size, it is recommended that the
same team members remain throughout the negotiation process.
U.S.-American negotiators are often chosen for their technical competence, functional role
and past successes. Members from the other negotiating team may be chosen for their
professional competence as well; but social competence, age, seniority, education, social
background and personal connections will more than likely figure prominently in the process.
For example, in negotiations with the Japanese, the chief negotiator may hold his position
based on age, social prominence, personal connections and consensus-building ability.
When selecting team members, the leader should consider an individuals position in the
company, his title and function, business and technical skills, and cross-cultural and
interpersonal skills. The larger the team you send abroad, the greater the status and power
that must be attributed to the chief negotiator. It is recommended that you remember the
Equal Dignity Rule, which states that the number, position and titles of team members
should match those of the other side.
South Koreans sometimes have one team for negotiating and another for dinner and drinking
that evening, while a third team remains back at the office preparing for the next day. Chinese
teams often include representatives from the relevant bureaucracies or corporations, as well as
engineers and technicians who specialize in the good or service being negotiated. A Chinese
party official may also be included.
Based on your understanding of the strengths, weaknesses, experiences, objectives, needs and
issues of both parties, you may begin to identify the characteristics of those individuals who
should be members of your negotiating team. Your team should consist of individuals who are
recognized for their expertise, listening abilities, ability to be team players, and attitude for
getting things done at headquarters. Your team should establish a unified approach, and it
should be prepared to maintain an ongoing relationship with the other party.
You may wish to consider these elements in team selection: size, skill mix, status, chief
negotiator and note taker.
Size
Determine the size of your team carefully. You want to avoid being at a disadvantage by
having to face a larger team across from you at the negotiating table. Similarly, you do not
wish to overwhelm or alarm the other party with the sheer number of your negotiators.
Skill Mix
Depending on the content of negotiations, as well as the cultural orientations of the other
side, you may wish to identify and include any one or all of the following: seasoned
negotiators, younger negotiators who may more easily establish rapport with their
counterparts, technical experts, legal experts and highly interpersonal communicators. Teams
should have people with the right balance of functional skills, language skills, cultural
knowledge and negotiation experience.
Status
You may wish to consider adding a top-level executive to lend additional credibility to the
seriousness of the negotiation or for ceremonial purposes. In many countries, it is customary
for the senior executives to establish the general principles of an agreement and have the more
junior staff work on the details.
Chief Negotiator
One person on your team should be selected as the spokesperson for the team. This individual
should also be responsible for serving as the team leader and for facilitating a unified team
If desired, you may enlist the aid of an individual to take notes in order to free up others on
the team to concentrate on the negotiations. This person can also be the one to concentrate
especially on language, tone, nonverbals and process.
Choosing to negotiate at your location gives you the home field advantage, as they say in
sports. You are the host, it is cheaper for you, there is no jet lag, you control the negotiating
room, expertise is readily available, and you save time and resources.
Choosing to negotiate at their location has several disadvantages: you are under pressure to
return home and save costs in time and money, there may be jet lag or health problems, the
environment is unfamiliar, and you have no control over the facilities for the negotiations.
One solution is to alternate between their location and yours. This works especially well for
established partners who have a long history or relationship. The advantages are that each side
shares the costs, both learn from and about each other, and the foundation for a longer-term
relationship is more likely as you build on the relationship.
Another solution is to select a neutral location, somewhere between the two locations. The
advantages and disadvantages to this choice encompass all the issues just listed.
A more recent solution is to choose a virtual location at which to negotiate the deal. This
type of location incorporates the latest in communication technology, including e-mail, voice
mail, facsimile, video-teleconferencing, telephoning and groupware. Nevertheless, this may
not eliminate completely the need for face-to-face communication or the need to travel. The
major disadvantage to this arrangement is that the virtual location is characterized by low-
context communication styles that rely on words, facts and figures. Feelings, nonverbals and
other nuances of communication may be lost.
In the United States, the end goal is the final sale, contract or task completion. The final goal
is not becoming a member of the network. The U.S.-American approach to networking is
primarily informal, optimistic and relatively confident. The time taken to establish contact or
to initiate network entry is minimal in the United States, since these networks tend to be fairly
open to outsiders. Change, opportunities and risk-taking are an expected part of network entry.
In some Mediterranean cultures, such as Spain, Greece or Italy, hierarchy is a crucial element
in business. Authority may reside in top officials of business or government agencies;
therefore, major projects and business deals may require approval from these top officials.
Identifying the right entry point into such a network, and finding the person with the
authority to make decisions are required for success. Individual power may derive from such
traditional sources of power as wealth and class, educational and family background, or it
might derive from individual achievement and/or knowledge. Therefore, selecting the right
person to enter the network can significantly affect your success.
Helping others within a network in China promotes goodwill and adds to your influence and
ability to develop future contacts. Face, or respect for a person, is directly related to this
ability. Using ones connections to assist others does incur obligations that need to be repaid.
Most networks within China and between overseas Chinese are fluid, flexible and highly
responsive to business opportunities. Being included in business deals engenders loyalty to
individuals and solidifies the network of relationships. Finding someone with the appropriate level
of guanxi is critical for success. However, choosing someone to trust and have confidence in is
merely the first step in the network entry process. If you enter at the lower level of a network or
company, the quality of decision-making, or level of authority granted, may be limited. This can
also increase the time needed to gain access to the real decision-makers, as consensus is sought
within the hierarchy. Therefore, the higher the person sent to enter the network and the higher
the status of the person contacted in the network, the more entry into the network will be eased.
An example of the reach of these networks was relayed by a colleague who witnessed a British
medical manufacturer in Hanoi sell a piece of medical equipment for less than 40 percent of its
market price. The salesman reasoned that the exposition he was attending was over and that
the cost to ship the equipment back to England would be prohibitive; so, selling the equipment
was actually more cost-effective. He was approached by a Chinese businessman from Singapore
who was attending the exposition and wanted to buy the piece of equipment. Within a week of
returning back to London, the salesman received more than a dozen requests at the lower price
from a number of Chinese companies in the United States, Europe and Asia Pacific.
In Japan, entering and building networks takes time and requires a credible third party.
However, since Japanese networks work on the basis of favors and obligations, the first barrier
to network entry in Japan may result from a persons inability to recognize and fulfill
obligations incurred. Both the third party and the targeted network contact must feel
comfortable with the person being introduced, or the business relationship will never be
implemented. A person who introduces another person to his network, or inner circle of
established relationships, is ultimately responsible for the future success of the introduction
and the resulting business relationship. Maintaining the harmony of the group, consensus
decision-making and the time required to develop a trusting relationship all slow down the
process of network entry in Japan. If the right person is not identified or the proper
introduction is not made, entry will be difficult. If a good personal relationship is not
established and favors or obligations not returned, access to the network will be denied. Once
network entry has been granted, however, the likelihood of expanding your base of contacts
within that company or industry is virtually assured.
An example of the difficulty of network entry in Japan was provided by a U.S. consultant in
New York. His company had been successful in providing training and consulting services in
the banking industry, and he had decided to target Japanese banks in Manhattan for his latest
on-line product. Through a Japanese colleague, he was introduced to one of the Japanese banks,
where he was granted a meeting to introduce himself and his companys goods and services.
The bank representatives he met spent most of the meeting asking him about his background,
his experience and the trends he saw for training in the banking industry in the United States.
He offered his companys brochure at the end of the meeting but failed to pitch the new on-
line product. After several follow-up telephone calls and some months later, he was asked back
In Latin America, a persons power is directly connected to his social standing, personal
qualities, and personal connections in the business and government communities. Hierarchy
and formalization of decision-making processes may be time consuming and may limit
network entry efforts. Having the right friends allows you to open doors and get tasks
accomplished, regardless of rules, policies or procedures governing business and government.
Having a connection to a person of power and influence in a network in Latin America is
essential. However, the fluid, being and formal orientations may slow down initial entry by
outsiders, even if important contacts have been established.
A U.S. businessman opening his first office in Mexico City, told the following story. His
company produced video broadcasting services and required a T-1 line to stream video from
his U.S. offices to the office in Mexico City. In the United States, this would have been a
simple business request to the local telephone company, and it would have taken a few days
to a few weeks to install the necessary T-1 lines into an office. In Mexico, the businessman
applied to the local telephone company and was told that it would cost him four times what
it would have cost in the United States for the services requested, and that it would take at
least six months to have the lines installed. He mentioned this to his Mexican business
partner, who subsequently introduced him to the vice minister of telecommunications at his
villa over the weekend. Over a set of tennis and drinks, the U.S. businessman explained his
dilemma to the government official. By the following Monday, a telephone crew was in front
of his building digging the trench that would be required for the T-1 line, and the installation
work was finished by the end of the week.
In countries where the family, clan or tribe is the basic unit of society, network entry can be
challenging. In the Middle East and Africa, having a connection to a family member in the
targeted company or to someone in the ruling class is essential. Business opportunities are
provided first to family members. Outsiders need to establish personal relationships with
someone who has the influence and power within a family business or social group. Here,
status, position and title are important. Status may be achieved by age, experience, name or
standing in the community. Therefore, as compared to other countries, a more holistic
approach to network entry is required for penetrating the network. Following protocol,
customs and business norms helps ease the social exchanges and demonstrates respect to
network insiders. This emphasis on status has led to entrenched hierarchies and bureaucracies
that foster centralized decision-making and prolong the time required to get approval for
business opportunities. Business decisions are often made at the top of the company or
government agency, making the proper introduction essential. Both formal and informal
channels should be leveraged to check on the performance and success of individual contacts
and the organization with whom you want to do business.
In conclusion, network entry is an essential part of any negotiation or business strategy when
conducting business overseas or across cultures. However, if your company has a product or
service that is unique or superior to that of the competition in a particular country, the issue
of network entry may be less important. In fact, the right network or company may come
looking for you.
The primary focus in the U.S. and Canada is on getting the negotiation (task) completed in
the shortest period of time, with the least formalities. The relationship between those who
negotiate is on a company-to-company basis. Personal relationships are less important than
getting a signed contract. Non-business conversations and other forms of small talk are
generally seen as a waste of time. Nonessential formalities are also seen as an impediment to
getting the job done. Meeting times are fixed, and agendas are used to provide direction and
to measure progress. Individual contributions and efforts leading to real results are rewarded.
Northern Europe
Northern Europeans are concerned with formality and risk avoidance in negotiations.
Appointments should be made well in advance. Negotiators are well prepared and are armed
with detailed documentation. Proposals are combed through with great attention to detail.
Quality is a key motivator. Positions are taken relatively close to the time of the final
agreement. Discussions can be highly technical and require in-depth knowledge of the details
proposed. In both Germany and France, senior negotiators are seen as experts and are
therefore well prepared. The good negotiator is a technical expert who is also pragmatic and
skeptical. Negotiation teams are functionally separated, and members have clearly defined
roles and responsibilities.
Southern Europe
Southern Europeans have the ability to use the doing orientation of U.S. Americans with ease,
but their primary focus is on the family, clan, country or cultural group. The focus of
negotiations is on developing and maintaining a personal bond, or connection, between both
parties. This may require informal breaks, socializing and meetings aimed specifically at
establishing personal connections. Time is viewed more flexibly than in Northern Europe. It is
In Asian cultures, who you know is of primary importance, as there is a strong reliance on
networks and personal relationships in business. Entry into the group provides identity and
protection. Behavior is fixed, and the status quo is preferred over change. Having an
established relationship is the first requirement for doing business. Obligations exist between
two parties who negotiate. The central question for a person from Asia is whether you are
aware of these obligations as a business friend. Time is invested in developing relationships
with other parties. This may delay discussion of the tasks at hand, and some U.S Americans
and Canadians may regard this as a waste of time or as showing a lack of expertise. The time
needed to establish trust with your counterpart may be shortened if you have a unique good
or service to sell. However, this advantage will disappear if a competitor from the other
partys country, with an established business relationship, has a similar product. Relationships
are more important than deals.
The Middle East
People in the Middle East put human relationships first. Blood relationships and extended
family are considered to be the most significantmore significant than relationships
developed with friends, colleagues or outsiders. Negotiation activities will be more successful
if conducted between family members and if a family member is part of your negotiation team.
Establishing a personal relationship is essential before turning to business. Fulfilling
obligations and helping friends take precedence over business demands. U.S. Americans,
Canadians and many Europeans may regard such behavior as unethical, citing conflicts of
interest. But, in the Middle East, using family ties is not seen as a conflict of interest. Time is
fluid and flexible at all stages of the negotiation process. Meetings may include other parties
and can be held in public areas. The top person or owner makes decisions. Formality is
expected in the first few meetings until a relationship has been established. Bargaining is
considered an art form, and efforts are made to get the best possible deal.
In Canada and the U.S., relatively little time is devoted to building business relationships.
Spending several minutes at the beginning of a meeting is considered sufficient time for
establishing rapport and developing common ground before turning to business. If two
individuals or companies have been doing business for a while, it is assumed that a business
relationship exists; but a personal relationship may or may not be involved. Many people have
commented that U.S. Americans, in particular, tend to form quick, informal, superficial
relationships rather than those that require a long time to solidify.
In the United States, friendships can be formed quickly with casual acquaintances, and
business can be conducted without the need for deep, long-lasting relationships. Often in
business, personal relationships are viewed suspiciously, since it is thought that such
relationships could lead to a conflict of interest or to unethical behavior.
In Europe, relationships tend to take a long time and much effort to develop. This is largely
the result of long-lasting, well-established networks of customers, colleagues, friends and
family. It may be difficult for U.S. Americans to break into these networks.
In the Middle East and other traditional cultures, building business relationships may require
much more investment of time and effort than expected. If two individuals or companies have
been doing business for a considerable period of time, it is likely that a personal or family
relationship preceded the business relationship.
In high-context cultures, participants not only want to spend time with the other person, to
develop rapport and trust; they also may require this association prior to initiating or
completing a business deal. Over time, and over several meetings in various locations and
settings, a decision will be made regarding the potential business partner. This decision will
Here are some important questions to ask yourself before attempting to initiate a business
relationship across cultures:
Uwe Schmidt, a German working in the U.S., was attending a local networking group of
professional quality managers. He was approached by Tom Miller, a U.S. American who
quickly introduced himself and told Schmidt his name, where he worked and what he did
for a living. Miller asked Schmidt what he was doing in the U.S. Schmidt began explaining
what he had been doing in Germany before his arrival in the U.S., his schooling, his
occupation, his reasons for coming to the U.S. and so on. However, after two minutes,
Miller, seeing a colleague in the crowded room, interrupted Schmidt by yelling across the
room, Hey, Bob come over here and meet my friend Uwe! Millers behavior and use of the
word friend offended Schmidt. In Germany, true personal relationships take time. In
Germany, a person builds trust by being reliable and predictable through task
accomplishment over extended periods of time, even years. Relationships are not made
based on a quick informal introduction.
To build and maintain a business relationship with someone of another culture with whom you
will be negotiating, you should:
Whereas U.S. Americans focus on bargaining and getting a signed contract, individuals from
most other cultures focus on the relationship rather than the deal. For example,
communicating while drinking is an integral part of negotiating in Japan, Russia and China. In
Japan, informal settings in restaurants, bars and golf courses are not only used to conduct
business, but also to build personal relationships with colleagues, customers and suppliers. The
Japanese are willing to spend the extra time and money after working hours to meet customers
or subordinates in order to air issues or dissatisfactions, exchange information on competitors
or new company activities, and explore potential business partnerships. In addition, informal
discussions over drinks allow for a more relaxed atmosphere in which to learn more about the
other person. They also allow the Japanese to give feedback or to convey unpleasant news,
something usually not given in public.
Once you have entered the network successfully and have started the process of building
personal and business relationships, each side undergoes a period of orientation to their
counterparts way of doing business, to their organizational culture, to the individuals involved
and to the specific circumstances of the relationship. Everyone involved engages in a
reassessment of the other. Each party understands the others goals, needs, constraints and
problem-solving approaches. With these in mind, each side defines the business interests and
objectives that will guide the future relationship. Based on this assessment and definition, all
parties involved move to create an alignment and a strategy for the negotiation, the success of
which determines the tone of the next phase.
Assessing the importance of this phase of orientation and presentation is most important in
cross-cultural negotiations. Orienting yourself to the other culture, and learning how to present
your proposal in the most effective way, is an important part of building a business relationship.
What is the objective of the negotiation? What issues are being brought to the negotiating
table? Which are negotiable, and which are not? Once all of the issues have been identified,
on both sides, you can list each issue and an appropriate strategy for each. Issues should be
prioritized in order of importance. Upper and lower limits should be set for each issue, to
allow for flexibility in the negotiation. Issues should be linked or separated as needed.
Concessions for each issue should be identified for use in the negotiation. Once you have
completed this process for your side, you should do the same for the other party. What are
their issues? Is there common ground? What strategies will they use, and what limits will
they set for each issue? Based on this analysis, what issues will likely become sources of
conflict or areas of disagreement?
Backup service
Compensation for failure
Delivery
Discounts
Then you should develop a full analysis of the other partys needs, interests, decision-making
processes, alternatives, options and time frame. One way to obtain this information is to do a
counterpart analysis.
Counterpart Analysis
Step One
In what business environment does the other party currently operate? Start by analyzing the
economic situation, industry, market, and goods or services offered. Describe your counterpart
and how you will encounter him or her. Will you be talking to an individual representative or to
a team? What assumptions can you make about their dominant cultural orientations or
preferences? What are the likely goals, expectations, interests, needs, etc., that your counterparts
bring to this situation? Determine what negotiation strategy your counterpart is likely to prefer.
What negotiation strategy would run counter to their expectations and/or preferences?
Step Two
What is the optimal outcome of the negotiation from your counterparts point of view? Given
your analysis in Step 1, how does your counterpart define the optimal outcome? What strategy
will they devise to meet their needs (situational, interpersonal, organizational) and
expectations? How will they structure the negotiation process?
Be sure to frame your assessment with a detailed analysis of needs and expectations on
three levels:
Situational: Does the situation in which your interactions occur dictate specific
behaviors/actions?
Examine the driving and restraining forces that will affect your counterparts overall strategy.
From the understanding generated in steps one and two, what forces from the business
environment and your counterparts cultural orientations will affect the negotiation? Since you
will have less information on your counterparts than on yourself, it is important to distinguish
between those forces that you are certain will affect the negotiation from those that may or may
not have an impact. Outline the information needed to increase the certainty of the situation.
What Is Negotiable?
When negotiating across cultures, you must be aware of which sorts of items are negotiable
and which are not. Overall, negotiators should look beyond present positions to the other
sides underlying interests and needs. Cultural values, however, are usually not negotiable.
Position
People tend to adopt a single position where their interests and needs are concerned. These
positions are stated as demands or preferences. But positions can lock negotiators in a box.
Focus on the underlying interests and needs, not on the stated position.
Interests and Needs
Interests and needs can be both tangible (products) and intangible (emotions and ideas).
Although interests and needs can be expressed in the actual stated positions, more often, they
are beneath the surface of what is said and done. Identifying interests and needs is the
cornerstone of successful negotiations. Understanding your counterparts needs will allow you
to be more flexible and provide more alternatives during the negotiation.
Core Values
Although they often remain unarticulated, your counterparts cultural orientations play a
central role in influencing negotiations. Behavior, language and nonverbal cues are easily
observed by you or your counterpart in the negotiation. What are less likely to be observed
are the underlying customs, attitudes, beliefs and values that drive behavior at the negotiation
table. Deeply held values can affect the issues and needs that are presented on both sides.
Remember that core cultural values are not open to negotiation.
The U.S. approach may not work well in high-context cultures in which building personal and
business relationships between negotiating partners is the top priority. In high-context
cultures, the ultimate goal is to establish a personal relationship in which favors are given and
received. In China, for example, personal relationships and connections are used to influence
the outcome of negotiations. The Chinese pursue their negotiation objectives through a
variety of strategies or tactics that leverage feelings of friendship, obligation, guilt and
dependence between parties. Only by developing rapport and building trust can a high-
context person be assured that obligations will be met over time. By contrast, in a low-context
culture, the contract ensures that obligations are met, while relationships are secondary to
commitment and follow-through.
The low-context negotiator will present his position up front, while the high-context
negotiator will reveal his or her position gradually or not at all. This high-context approach
avoids potential conflict and reduces risk, but is likely to add to frustration on both sides,
especially when the low-context negotiator tries to move the negotiation forward by offering
a concession and the high-context negotiator responds with more questions or silence.
In high-context cultures, such as Mexico, standing, reputation and honor are paramount in the
negotiation. Loss of face is a deal-killer. Risk is reduced by following protocol and
communicating in a ceremonial, expressive way. The rule is: no surprises. In Japan, negotiators
reduce risk by establishing preconditions and assurances, asking for your position first, building
consensus through informal channels and using a non-threatening approach. In China, agreement
is also sought on pre-conditions or principles before entering into formal talks. By accepting these
principles, you have implicitly agreed to, or acceded to, the Chinese position at the outset.
The high-context negotiator tries to learn as much as possible about the low-context negotiators
position before presenting his own position. This can result in the low-context negotiator
making counterproposals and concessions before knowing the others position. By the time the
high-context negotiator presents his position, there is little room to maneuver.
For example, the Chinese usually present their position first only when they believe they have
the edge in expertise or power. If they are uncertain about their negotiating position, they will
High-context negotiators may also differ from low-context negotiators in the values they seek
to promote or defend based on their interpretations of history or sovereignty. This, in turn,
will affect how they set their priorities and goals. National dignity is a sensitive issue when a
country has suffered occupation or loss of national territory or when an industry has suffered
exploitation by a stronger country. Past history, as well as real or imagined slights, may
influence a countrys position in a negotiation. Status-consciousness and historical grievances
have produced a collective sensitivity in both China and Mexico that is hard to ignore when
negotiating a new agreement between two companies. Because of their preoccupation with
status, negotiators from China and Mexico will try to establish their superiority at the earliest
stage of the negotiation.
The psychological issue of status consciousness or past history may result in a negotiation
strategy that appeals to positions of dependency or weakness when negotiating with the
United States. Japan, Egypt and Mexico are some of the countries that have used this strategy
successfully in various international negotiations. North Korea, India and China have, in their
drive for autonomy, used appeals for aid and special treatment when dealing with the United
States. China, for example, has often claimed that it is a poor country and that, therefore, rich
countries such as the United States should pay more for Chinese products or for doing
business in China. Although there are no easy answers, it is important to decide how to
respond to such strategies and tactics when they are used by the other party.
Presentation of Information
How information is presented, how people communicate with each other, when and what
type of information is shared can all be affected by cultural orientations. Knowing how and
when to ask questions is important to obtaining the information required to understand the
other partys interests and needs. Knowing the other sides interests and needs will determine
how you will present your proposal and information during the negotiation.
Some cultures may spend more time on procedural issues, structuring the negotiation process
using formalities and rules of procedure, identifying the issues that will be discussed, the order
of discussion, and the purpose of the discussion. U.S. Americans see formal communication
as a barrier to discovering the interests of the other side; they see informal communication
and the removal of protocol as the best way to develop a business relationship. The
assumption is that informality breaks down barriers and allows both parties to spend time
gathering the information needed for a successful negotiation.
What kind of information does the other party need to know about us? What kind of
information do we need to know about them? What specific information do we need on their
business, products and industry? How will we structure the presentation of information to the
other side? In a deductive or inductive way? In a linear or systemic manner? What is the
Before making your opening presentation or stating your proposal at the negotiation table,
you should provide translated written materials, if possible. Briefly introduce your company,
your business and products, industry trends and any other relevant information that may be
important to the other party. Review the agenda and clarify the ground rules for the
negotiation. If this has not occurred earlier in the negotiation, introduce team members,
including names, titles and positions. Be sure to take the time to establish rapport through
small talk and a free exchange of information. Identify your position by clarifying the issues as
you see them. Provide a well-planned, detailed presentation supported by data and visuals.
Before presenting differences, identify common ground and mutual expectations based on
information gathered before the talks. Be aware of, and point to, earlier relationships. This
working history can help to create an environment for mutual agreement. Describe how your
position benefits the other side and fits their needs. Finally, give both sides the opportunity to
be heard and understood.
Communication is the process by which people share information, import and emotion
through the exchange of verbal and nonverbal messages. The challenge in a multicultural
environment is to ensure that the message being sent is the one received by the other party.
Low-context cultures rely primarily on words, facts and data to convey meaning. Because
nonverbal cues and unstated contextual information play a minimal role in conveying
meaning, there is no overriding need for the prior existence of, or introduction to, a shared
frame of reference (system of meaning) to make effective communication possible. High-
context cultures, on the other hand, do not only rely on words but also on the depth and
breadth of a shared system of meaning and knowledge that derives from some shared cultural
When communicating with individuals from a high-context culture, you should allocate more
time for small talk and the exchange of background information before turning to business.
When communicating with those from a low-context culture, the use of protocol, symbolism
and small talk should be reduced to a minimum to allow both parties to get to business matters
as soon as possible.
Nonverbal Behavior
Nonverbal communication includes facial expressions, gestures, body control, movement, use
of space, dress and ceremony. Low-context individuals fail to understand the emphasis put on
nonverbals, symbols and implied meaning. In Asia, the use of facial expressions and body
language may be too subtle for U.S. Americans to read successfully. Mexicans are not shy
about using emotions and extreme body language at the bargaining table. U.S. Americans may
interpret such behavior as unprofessional, whereas Mexicans may see the U.S. Americans lack
of response to such behavior as a sign of heartlessness.
Where people sit, and where meetings are held, are important as well. Ritual and choreographed
arrangements are meant to convey messages about rank and reputation in hierarchical societies
that can often be misunderstood. The manipulation of protocol and ceremony by other cultures
for their own purposes is not to be underestimated in international negotiations.
Clarifying and Confirming
Assumptions, perceptions and expectations should be clarified and confirmed, based on what
is said and done during a negotiation. If understanding is not frequently clarified and
confirmed with persons from another culture, miscommunications and misunderstandings are
likely to occur.
Summarize what you hear and clarify what you do not understand.
Examine areas where there are differences in values, perceptions or styles.
Explain your own thinking, assumptions and perceptions during a meeting
or negotiation.
Give relevant background information to the other person, including
historical, cultural and business reasoning.
Listen carefully and clarify such value-laden terms as fair, teamwork,
honesty, logical and working together. Do not be judgmental.
Use informal channels or third parties to get information or to
clarify misunderstandings.
Describe what you observe. Give your interpretation of events and
ask a person from the other culture or country for theirs. Then share
your expectations.
Although English is becoming the international language of business, we must bear in mind that
many people speak English as a second language. To ensure that their message is understood,
English speakers should modify or internationalize their speech. The following tips are offered
for more effective communication with non-native English speakers during a negotiation:
Interpreters are often used during negotiations to increase the effectiveness of communication
across cultures. An interpreter can assist with the accurate communication of ideas between
two parties, as well as advise the negotiation team of actual or potential
misunderstandingscultural or otherwise. Having your own interpreter who is familiar with
your business and your terminology is critical. Interpreting is a skilled profession and requires
special abilities and training. Just because someone speaks another language does not make
that person a good interpreter.
In Europe, persuasive arguments are rational, linear and supported by objective data. To be
successful, language and interpersonal skills, as well as exercising a formal orientation are
required. U.S. Americans may find that when dealing with negotiators from Spain, Greece or
Italy, information and interests may be revealed during the persuasion process rather than in
earlier phases of the negotiation process. This will require extra patience and time.
In Europe and other cultures, where the hierarchy and formal orientations are strong, it is
important to identify the decision-makers and the people in authority before entering into
either personal or business relationships. In Latin America, the presentation of persuasive
arguments within formal sessions is always part of the negotiation process, but informal
meetings and discussions to persuade others are crucial. The communication style is more
expressive and emotional than that found in the United States. Although disagreements will
be couched in polite language to avoid embarrassing othersespecially those in
powerinterruptions and fighting for airtime are not unusual.
In Asia, as in Latin America, the persuasion process can take place outside of formal
negotiation sessions. Informal face-to-face meetings and social activities are important in
getting to know your counterpart and developing the trust and rapport required for more
formal negotiations. Information that cannot be shared in a more public setting can be shared
privately, thereby saving face, and avoiding the sense that one or the other party has been
compromised.
Although culture plays a strong role in shaping persuasion strategies, almost all cultures use
one or more of the following approaches:
It is important to correctly interpret what you observe during the negotiation. Many
information and influence strategies may be conveyed nonverbally. It is most important that
nonverbal cuesfrom eye movements to facial expressions and from body language to hand
gesturesbe recognized and understood.
French managers use a deductive approach when presenting their proposals. The French
negotiator may start with a general opening statement of understanding and provide
subsequent details to support that position over the course of the negotiation. The overall
proposal may be systemic or holistic in nature. Once a position has been presented, it is
extremely difficult to introduce new information or to make changes to that position. In
contrast, U.S. managers present a single position or lay out arguments based on strategic
planning before the negotiation begins. Specific points or issues are presented within the logic
of a general conclusion. The overall approach is based on a negotiators own experience, the
issues to be negotiated and the tactics agreed upon prior to the negotiation.
In low-context cultures, such as the United States, the end objective of the negotiation is to
draw up a detailed, binding contract that represents the mutual interests of both parties. There
is an assumption that a persuasive argument or logical reasoning is the best way to avoid a
contest of power or a confrontation. Appeals to the other side are based on facts, data and
other evidence, not on feelings, emotions or personal relationships.
In high-context cultures, such as Mexico or Japan, negotiators may end up with a signed
contract, but the process of negotiating the agreement may be determined by how well
individual negotiators fulfill the obligations implicit in the relationships that exist between
both parties. When a high-context individual is confronted with a strong, well-reasoned
argument, he may employ, what by U.S. standards would be a weaker counter argument of
past problems or obligations. The use of a personal or emotional appeal based on current or
past relationships is less persuasive in the U.S. and Canada than it is in Latin America or Asia.
Bargaining
Approaches to bargaining when persuading and influencing others differ widely across cultures.
Learning which strategy of logic, evidence and influence is effective in a particular culture, and
how to use it at the negotiation table, is essential for success. In the United States, the emphasis
of sales and negotiation is on the bargaining and persuading phase of the process. Ones
behavior at the negotiating table can determine the success or failure of the negotiation.
The first type uses tactics that are aimed at gaining the upper hand, while the second uses a
problem-solving approach. Win-lose bargaining assumes that the negotiation is a competition
in which both sides attempt to align personal relationships and empirical data to obtain their
ultimate objectives. Win-win bargaining assumes that the negotiation is a mutual endeavor in
which both sides engage to arrive at a mutually satisfying arrangement.
The U.S. approach to win-win negotiations assumes a cooperative process aimed at creating
value by finding interests that both partners have in common. This entails separating
negotiation issues from the relationship and looking at positions to find common ground.
Areas of difference are identified and solutions sought. Bargaining ranges are identified and
Once differences in position and interests have been identified, it is good to remember that the
greater the number of options or alternatives you have, the greater the range of outcomes
possible. The overall goal of a win-win negotiation is to maximize the gains for both sides. The
best approach is to start with the least contentious issues and establish small wins for both sides.
This will leave more time for the most important issues in the negotiation. Remember that
bargaining is only one aspect of negotiating the deal and that it may occur throughout the
negotiation period. Also, bargaining involves more than dividing value between two parties.
A win-win approach to negotiating often assumes a level of trust that usually does not exist in
cross-cultural negotiations. A win-win scenario requires that there be reciprocity in
concessions and the desire to move the negotiation ahead quickly. In many situations,
however, politics or bureaucracy may reduce the level of trust required to reach an agreement.
Concessions may not be reciprocated, because hierarchy and high-context orientations
influence decision-making and slow the progress of the negotiation.
Setting a Realistic Bargaining Range
Negotiators in the United States and Canada often prepare for a negotiation by trying to
figure out what they would like to get and what is the least they would settle for, and then
finding some realistic point in between to settle upon. The realistic point in between requires
each party to decide on a fallback position and a walk-away point. This can lead to a win-lose
mentality or to adversarial, positional negotiations.
By focusing on what you want to get, without understanding the needs and wants of the other
party, you will be unprepared to respond to their ideas and concerns in the negotiation. This
will prevent you from engaging in real problem-solving. For example, you may approach the
negotiation in a linear fashion, identifying those issues or differences in which the gap is the
widest and trying to bargain your way to a realistic midpoint. Although reaching consensus is
important to the relationship between parties, it may lead to a less than satisfactory agreement.
If you value something highly and the other party values it equally, you may decide to split the
difference on price or compromise on some aspect of quality or specifications. The better
solution is to try and find ways of providing real value to the other party, at little or no cost to
you. Both sides are better off with such a solution and receive value in return.
A Clash of Cultural Orientations?
To illustrate how variously bargaining is regarded across different cultures we may examine
the contrast between Japanese and Saudi negotiating styles.
Bargaining in the Middle East is expected, and used, as a means of establishing a personal
relationship built on a mutual perception of value, honesty and trust. The process, or act, of
bargaining is therefore considered to be very important in and of itself. Thus, Saudis, for
example, will often open with a price much higher than the one that they would ultimately
The Japanese, on the other hand, try to avoid conflict at all cost. All efforts are therefore made
to keep bargaining to an absolute minimum. In contrast to the Saudis, the Japanese present a
price that is very close to their actual asking price and that is the result of extensive
information-gathering and consensus-building within their team. They expect to share
information in the negotiation and persuade the other party that their position is reasonable.
If they are the buyer, they do not expect to bargain at all. Japanese buyers expect Japanese
sellers to understand their needs and propose a reasonable price. If they are the seller, they
expect to have the buyer accept their price with as little bargaining as possible.
Given the different expectations for bargaining between Saudi and Japanese negotiators,
substantial mistrust and misunderstandings may occur when negotiators from these two
cultures gather around the negotiating table. When the Saudis open with a high first offer, the
Japanese may feel that the Saudis are not serious in negotiating a deal. And when the Japanese
provide a price that is the industry standard and refuse to bargain, the Saudis may feel that the
Japanese are not serious. The differences in approach could lead to failure in the negotiation.
What is important to both parties? For the Saudis, it may be the need to develop a personal
and business relationship through the act of bargaining. The Saudis will spend a lot of time
bargaining, but this may be interspersed with small talk and rapport-building to establish the
credibility of both sides. For the Japanese, what is paramount is the need for both sides to
understand their respective roles and responsibilities in the bargaining process. Understanding
what influence strategies and bargaining tactics will work for both cultures improves the
likelihood of success.
In the United States and Canada, the process of conceding generally proceeds in a sequential
manner in which both sides discuss each issue and propose concessions or compromises to
reach a mutual decision. All issues are discussed and resolved one at a time, with the
appropriate concessions and compromises. Concessions should be made at the table and
responded to by the other party with agreement or counteroffers. Not all concessions require
a quid pro quo, but a general sense of fairness is expected.
U.S. Americans tend to see the formal agreement or contract as the end result of a negotiation,
whereas the Japanese or Chinese see it as the beginning of an adaptive process requiring
changes or adjustments as the environment or circumstances change. In some casesin China,
for examplethe formal agreement expresses an ideal situation, and it is expected that
deadlines and specifications will change with changing circumstances. U.S. Americans, and
others, who use concessions and compromise before the contract is signed, however, find it
extremely difficult to make concessions or change the contract after it is signed. In other
cultures, such as Russia and Mexico, compromise is taken as a loss of face. It is viewed as a
sign of failure and weakness or as evidence of faulty reasoning from your initial position.
When making concessions, do not make the first offer or accept the first offer made to you.
If the other side makes a high initial demand, do not make a counterproposal. Be willing to
let the demand await further discussion. Make concessions slowly, and start with small
concessions that cost you little but add value to the position of the other party. Tie
concessions together to get something in return. Defer concessions on important issues until
later in the negotiation. Do not feel the need to reciprocate all concessions given by the other
side. Also, do not follow a consistent pattern of concessions; this might allow your
counterpart to predict how and when you will make concessions. At the end of the
negotiation, the side that gave fewer concessions usually has the more advantageous
agreement. Waiting until the end of the negotiation to make concessions, however, may lead
to feelings of mistrust or lowered satisfaction from the other party.
For example, read the following dialogue between a Japanese and a U.S. American who are
negotiating a deal:
In this exchange, the Japanese bowed his head, shifted in his seat when the U.S. American
asked him how much he would buy in the year 2000, and averted his eyes during subsequent
responses. For a fellow Japanese, these nonverbal behaviors would have indicated disagreement
or a negative response.
When you believe that there is a conflict in a negotiation, the best response is to provide an
overview of the current situation as you perceive it. Provide additional information for further
Deadlocks
Conceptions of time are crucial during the agreement phase of the negotiation. More pressure
is felt as deadlines approach and decisions still have to be made about the form of the
agreement or contract. Issues of face loom large as needs are fulfilled. Deadlocks over major
areas of disagreement may either be resolved negatively (no agreement) or positively (major
impediments are removed). Success will ultimately depend on both sides focusing on and
addressing the needs of the other side.
I was working with one of our Japanese suppliers to purchase U.S. $3 million
worth of test equipment for our new manufacturing facility. We discussed the
matter together at great length in Tokyo and Dallas over a period of several
months. During our final meeting, we came up with what I thought was a
common understanding on pricing, delivery dates and specifications. We
submitted a lengthy contract in English outlining the rights and
responsibilities on both sides. For several weeks the Japanese sent numerous
faxes to Dallas asking many questions about certain standard clauses in the
This executives experience is not uncommon. In many cultures around the world, the terms of
an agreement will be adhered to even if an official contract is never actually signed. When
negotiating across culture it is therefore important to understand the preferred way of reaching
agreement in the particular cultures in which one is working. Do both parties give a verbal
agreement and shake hands on the deal, or do they send a letter of understanding that broadly
outlines what was negotiated and understood by both parties? While contracts and agreements
are regulated by the laws and rules of both parties, cultural orientations can also affect how
agreements are expressed. There may be cultural preferences in deciding what form an
agreement should take, and how binding, specific or long it should be. In some cultures, the
contract may be a platform for developing further business relationships, or it may be the
starting point for an ongoing negotiation as circumstances change. In the following
paragraphs we outline how some other cultures approach contracts and agreements.
In the United States, the purpose of the negotiation is to work toward the goal of a signed
contract. This process is linear, and reaching agreement is expected to take a prescribed length
of time. The contract is expected to detail the terms of the agreement, spelling out product
specifications, as well as rewards and punishments for compliance and noncompliance. The
contract is viewed as providing security to all parties and is seen as a way of building trust.
Since the roles and responsibilities of all parties are spelled out in detail, there is little
ambiguity or change required after the contract is signed. In the United States, all parties are
expected to live up to the terms of the contract, and the agreement is not seen as a flexible
document that can easily be changed. Commitment is measured by the ability of the other
party to meet the terms of the contract. Living by the written terms of the agreement governs
post-negotiation behavior in the United States.
In Mexico, the other party will respond to a clear, rational argument, but the ultimate decision
will be based on whether they feel that you were simpatico (displaying a sense of honor or
dignity) in the negotiation. Formal agreements in Mexico are often elaborate works of
eloquence and may represent expressions of an ideal situation rather than actual terms and
conditions to be followed absolutely.
In Saudi Arabia, entry into the network of family and friends is the critical step in building
trust to reach a final agreement. A handshake will suffice, with a letter of agreement following.
Even a cup of coffee or tea can indicate that an agreement has been reached. Specific details
will follow the more general agreement of understanding.
In Japan, the development of a personal relationship may precede the formation of a business
relationship. This requires an investment of time and resources before an agreement can be
In South Korea, contracts are adhered to as closely as possible, but Koreans may not feel
bound by what is written in the agreement, especially if circumstances change or if they later
feel cheated or legally trapped.
In Brazil, contracts are general in scope and terms are broad. This allows for flexibility in
continuing discussions on specific details, timing and legal responsibility. The contract, no
matter how detailed, is an expression of the principal guidelines for the business relationship.
Detailed and lengthy U.S. contracts may seem overwhelming and can be perceived as
displaying a lack of trust among the parties.
In Germany, contracts can be detailed, and they reflect the focus on technical expertise that
is present throughout the negotiation. Changes to a contract after signing are taken as an
indication of poor preparation or lack of expertise.
In Russia, contracts are not held in high regard, and personal relationships go a long way
toward ensuring that the terms of an agreement are carried out. The status of legal contracts
in Russia is questionable and should be thoroughly investigated.
As the preceding synopses demonstrate, different cultures may approach the agreement phase
of the negotiation process with different expectations. Understanding that contracts may not
signal the finality of a negotiation is a key step in securing the commitment you will need in
order to do business across cultures. Following is a series of questions every negotiator should
ask himself concerning his counterparts views of contracts and agreements:
Clerical personnel can, most likely, handle most routine communications. More complex
matters, however, will require input from lawyers, technical experts and top managers. The
following techniques may be helpful in monitoring compliance. Your specific application of
these techniques will vary from instance to instance, according to your relationship with
your counterpart.
Informal contacts: phone calls, letters and social contacts can serve to monitor
compliance; much like informal negotiating.
Symbolic interactions: formal banquets and social events underscore sincerity and
demonstrate the importance of the relationship.
Giving appropriate gifts to the other party, their top management and each member of the
team is also suggested. Gifts are taken as signs of gratitude and friendship, and are ritually
exchanged to bind relationships. Ideally, the gifts should be symbolic of the relationship, your
company or its products, or representative of your home country. While a single gift can be
given to a company, individual gifts can be given to each of the negotiation team members or
company representatives who were involved in the ongoing discussions. Individuals who have
been especially helpful, third parties and colleagues should be given a gift privately after the
Ethics in Negotiation
How should you deal with the different ethical and legal requirements of foreign countries?
What if the business practices of the host country require payments to facilitate a deal or
payments to a government official to obtain a permit? In such cases, one must weigh the need
to do the right thing against the need to get the contract or to get the job done. You must
ask yourself whether the action you are about to take is legal. If you are a U.S. resident, this
means that you need to understand the Foreign Corrupt Practices Act (FCPA) enacted by
Congress in 1977. Put simply, a U.S. company employee may not offer a payment, promise
of money, or something of value to another foreign official for the purpose of influencing any
act or decision that would assist the U.S. company in obtaining or retaining business. In
addition, this offer to a government official cannot be used to direct business to any person
or to assist the company in obtaining special preferential treatment, with the expectation of
receiving a contract or other business operations in the foreign country.
When working in universalistic cultures, the choices are often easy, because transactions and
behaviors are clearly defined as being either right or wrong. When working in particularistic
cultures, however, right is right or wrong, depending on the business context or situation.
Issues are viewed as occurring in shades of gray, not in black and white. In these contexts, your
corporate culture must foster a climate of integrity, and the companys bylaws must clearly
outline what does and does not constitute ethical behavior. Employees must exercise
judgment in determining how to employ their companys ethical standards without being
judgmental of the other culture or its values.
In low-context cultures, such as the United States and Canada, e-mail and videoconferencing
are frequently accepted as efficient substitutes for face-to-face meetings. In high-context
cultures, such as Japan and France, a higher value is placed on face-to-face interactions and
reading the nonverbals of the person with whom you are communicating during the
negotiation. Since 75 percent of all communication is nonverbal, meaning can certainly be lost
when using a lower-context form of communication technology, such e-mail.
As a rule, the better your rapport with a person or the longer the relationship has existed
between two parties, the more likely it will be that a lower context of communication can be
successful. When negotiating with an individual or party from a high-context culture, it is best
The following questions should be asked when considering a communications strategy for use
in an international negotiation:
Conclusion
Together, the Cultural Orientations Model and the seven-phase model of negotiations
provide an comprehensive framework for analyzing and understanding how negotiations
occur across cultures.
All negotiators need to recognize the potential for dissonance and misunderstanding in
negotiations across cultures. There is a need to synchronize communication and negotiation
strategies within the negotiating team. Although one may argue that the negotiation process
is universal across all cultures, we must not dismiss or minimize the impact of cultural
differences or orientations.
Preparation is the key factor in preparing to negotiate successfully across cultures. Adapting
your own approach to a specific cultural style of negotiating and understanding how culture
Does the way in which the other party communicates, makes decisions
and solves problems fundamentally differ from our way?
What tactics, strategies and behaviors will the other party use in
the negotiation?
What knowledge, experience and skills do I need to conduct business in
that culture?
How do I build trust and rapport with the other party?
What influence and persuasion strategies can I use to reach an agreement?
How do we handle issues of culture, distance and time in the
negotiation process?
How do we establish a business relationship? A personal relationship?
How do we assess the other partys expectations, needs, wants and issues?
What is important to the other party in terms of their goals, constraints,
barriers and requirements?
How should we present and ask for information at the negotiation table?
Away from the table?
How important are hierarchy, power, position and authority to the
other party?
How many team members should we have, and what qualities should each
team member possess?
1. Environment:
How individuals view and
relate to the people, objects
and issues in their sphere
of influence
2. Time:
How individuals perceive the
nature of time and its use
3. Action: 7. Individualism:
How individuals conceptualize actions How individuals define their identity
and interactions
8. Competitiveness:
4. Communication: How individuals are motivated
How individuals express themselves
9. Structure:
5. Space: How individuals approach change,
How individuals demarcate their risk, ambiguity and uncertainty
physical and psychological space
10. Thinking:
6. Power: How individuals conceptualize
How individuals view differential
power relationships
ENVIRONMENT
TIME
ACTION
COMMUNICATION
SPACE
POWER
INDIVIDUALISM
COMPETITIVENESS
STRUCTURE
THINKING
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