1. Principle of freedom in negotiation
- Originating from the principle of freedom of commitment, agreement and freedom to enter into contracts. Only with freedom to negotiate can there be freedom to enter into contracts, only can there be freedom to compete according to market mechanisms.
- Freedom to negotiate and enter into contracts is essential but not absolute, but must be based on the law and also to ensure legal safety for partners.
2. Principle of ensuring that no civil liability arises when negotiating
- There is no legal requirement that the negotiation process must achieve results. Therefore, the parties are not responsible if negotiations fail.
- Each party in the negotiation has the right to abandon the negotiation, even at the last moment, without incurring any civil liability to compensate the other party for damages for all types of expenses incurred during the process. negotiations, both in terms of time and lost business opportunities.
3. Principle of invitation to negotiate
- Sending the invitation and accepting the invitation to negotiate is the starting step of the negotiation process of the participating parties (the offering party or the accepting party).
- The initial launch of negotiations can be direct or indirect and can be done in many forms: verbally, advertising in the media (press, radio, television), Flyers, posters, advertising panels, brochures, catalogs...
- The invitation to negotiate is only the initial initiation of one side wanting to transact, so it is not and should not be misunderstood as an offer to enter into a contract. Invitations to negotiate often contain information that is general in nature, not very specific, and does not have a commitment to create legal rights and obligations between both the inviting party and the invited party.
- Because there is no binding legal value, the party inviting negotiations can withdraw or change the content of the invitation to negotiate in any case, whether the invited party accepts or has not accepted the invitation to negotiate.
IV. What should we keep in mind when negotiating contracts?
During contract negotiations, the parties should note:
- First impression.
- Pay attention to gestures, attitudes and body movements while negotiating.
- You must clearly define the negotiation goal and always closely pursue this goal throughout the negotiation process.
- Must know how to present and use words wisely and flexibly.
- Negotiators need to know where they are allowed to go, to what extent they are free to negotiate.
- To be successful in negotiation, you need to have a consciousness and a mindset of being willing to compromise if necessary.
- It is necessary to finalize the issue that the parties have agreed upon before moving on to new negotiation content.
V. Common mistakes when negotiating contracts
Contract negotiation is a complex process. For contract negotiating parties, identifying common errors when negotiating is important. Accordingly, common errors are:
- Entering negotiations with a lack of clarity of mind, this problem directly affects the negotiation results, the wholeheartedness of the negotiator, demonstrating a high working spirit, responsibility, and transparency in the negotiation process. Negotiation will give a good result.
- Not knowing who the partner has the right to make decisions leads to not knowing who you are negotiating with and what the other party's true position is, which will take away the lawyer's initiative when negotiating. .
- Not knowing what my strengths are and how to use them.
- Entering negotiations with a general purpose, without specific goals, makes it very difficult to achieve successful negotiations.
- Doesn't offer valuable perspectives and arguments.
- Not controlling seemingly unimportant factors such as timing and order of problems.
- Don't let the other party make the first offer.
- Ignore time and place as a weapon in negotiation.
- Give up when negotiations appear to be at an impasse.
- Not knowing when to end it.
