留学生商法essay [8]
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论文字数:4581论文编号:org201409271720071495语种:英语 English地区:马来西亚价格:免费论文
关键词:Law Essay谈判代表Negotiators留学生商法
摘要:本文是一篇留学生商法essay,谈判是两个人或团体对不同的需求或想法达成共同协议的过程。奥利弗(1996)将谈判描述为“谈判代表共同搜索一个多维空间,然后在空间的一个单点相互同意。
ent intentions made during bargaining interactions do not concern material fact. It is thus ethical for negotiating attorneys to deliberately misrepresent such matters. They may do this overtly, partially, or through the nondisclosure of information” [37]
Lawyers justify the usage of unethical tactics. The imposition of fairness standards would be opposed by most attorneys for negotiators. “Client first” is a maxim that is deeply ingrained. Absolute confidentiality is entitled to a client, unless the attorney believes the client intend to commit a criminal act in future. [38] Whatever they do is for the benefit of client and to protect the benefit of client they speak lies. According to the law any communication between the client and attorney is subject to attorney-client-privilege is another justification to the lies they speak. The attorney is not liable or forced to disclose certain details by any law. He/she may with hold it. When disclosing certain facts during negotiation the same condition is applicable. However it was held in ‘Mann v. Adams Realty Co., Inc. [39] , that the duty to disclose is particularly compelling when one party has superior knowledge and the unknowing party has been induced to take action it otherwise might not have taken.’ [40]
Therefore, though lying is unethical it is permissible in certain conditions. Lawyers use those conditions to gain benefit for the client. The non disclosure law supports the lawyer in keeping certain secrets about his clients.
V. Conclusion
Competitive Negotiation is complex and deserves its own nuanced analysis. Supporters of cooperative negotiation caricature the competitive negotiation tactics as limited to making unreasonable demands and further then refusing to reach an agreement. A Stubbornness and aggressiveness may have their place in approach though, competitive negotiation is not limited to such behaviors.
Although cooperative negotiation may seem convincing they are not able to negotiate a minimum profit for their clients. Competitive Negotiators have the upper when it comes to benefit out of court settlements. Though the competitive negotiators use techniques like fraud, misrepresentation, lies and coercion they give a profitable outcome. This is one of the reasons why they are preferred over cooperative negotiators. This characteristic of competitive negotiation makes people ignore the lies used by competitive negotiators.
Lastly a successful negotiation is one wherein both parties gain most and are happy and comfortable with overall outcome. To build a reputation as a fair and honorable business partner a confident negotiator focuses to improve his/her options away from the bargaining tables. They also understand the needs of their counterpart, invoking external norms as a basis for decisions.
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