A: Style of negotiation

Negotiation style of international business:

1.Competitive Style
 The common elemet of this negotiation style is viewing other side as adversary (Musuh),
 seeking consession (kelonggaran) as a condition oy any relationship
 healthy level of distrust of the other side in he beginning.
 Limiting the disclosure of goals and interest to other side
 Seeing all problems as a subject of negotiation
 And also applying pressure to use the tactical advantage
 Demanding of one side games as a price of agreement
 Ultimately setting a goal of victory.
This style of negotiation might considered as contraproductive (having as result which different as
it desired).
2. Consensus style
Putting our self in other´s people shoes. Thy stlye view negotiation not as battle of adversaries
rather than solving shared problems.
 Insisting an argument based on the objective criteria
 Engaging in active listening negotiation
 Searching for the common ground founded on the mutual interest.
 Beginning with basic level of trust with a good faith.
 Considering availiable option when confronted with the apparent impasses (jalan buntu)
 Avoiding fictional bottom line: i dont understand about this statement, does it mean that when
it comes to negotation we have to avoid the...........
 Seeing the outcomes as a mutually acceptable outcome achieved in efficient ways.

And for this style of negotiaton; preparation is quite important to the sucess for this approach:
a. What is the opposite really want
b. What do they really have
c. What the may offer in the return
d. What they cannot really offer because of the lack authority to do so or in other words. It is
unacceptable because of the international and national reason ( and in this case : law).

Conclusion: both approaches are not mutually exclusive: it means it really depends how we can
apply these two approach in the certain situation; and additionally achieving sucessful negotiations
requires also the good understandting of the political, economical, background history etc of the
opposite side.

B. The importance of the culture

As a lawyer or law practioner working in an international environment, it is quite important to be
aware of the cultural differences or to have the cultural competence ( in terms of expectation,
limitation and also requirements . The failure to follow that certain ritual risks may leaving the
impression of lack of sopishtication and boorsihness ( rudeness).

Some examples of the cutlural differences :

1. in some countries giving gives will be conisdered as an appreciation whreas in some countries
giving gifts may be considered as “ bribery”.
2. In some countries, there is also cultural importance attachted to sharing a meal with a
negotiating opposite: in the US making a business deal can happen also during meal time with the
negotiating opposite while in other countries talking business during meal time will be considered
inappropriate or even offrensive.
3. And the cultural differences attached also to the meaning of silence : in indonesia silence
doesnt mean always no.
4. Timing: not making a business deal during ramadhan, during christmast, during weekend,
certain or spesific time during the day migt be considered as inappropriate when it comes to
making business deal.
In short, cultural differences may play a substantial, even decisive, role in the success or
failure of an international business negotiation. Therfore, to educate our selve to minimize those
risks above: we can use the LESCANT analysis which identifes the important cultural variables
such as languange, environment, social organization, explicit and implicit communication, etc.

Conclusion: understanding the existing cultural differences within the international

negotiation is really important: lacking of awarness of the cultural differences might lead to
the negotiation failure and might lead to leave the impression of less sophistication or
boorishnes (rudeness). Being aware of cultural differences or mastering the cultural
competence is the crucial part when it comes to international negotiation, one anlysis tool
known as LESCANT analysis can be used to analyse the importance of cultural variables.

C. The importance of the languange

Language differences might also cause the dispute within the international negotiation. To
overcome this problem is to master the language thus the potential disputes will be minimized.
When it comes to creating contracts: the languanges which are being used must be understood
clearly by both parties.

D. The importance of procedures

Procedures calculated to facilitate the building of personal relationships increase prospects for
a successful negotiation, especially in Asia. In tough moments during a negotiation, courtesy alone
may preserve the momentum. Enduring courtesy is the essential lubricant of international
negotiations.