Skyline Business School

Issue:1

 

The hidden challenge of cross-border negotiations                                                                           
Cultural differences can influence business negotiations in significant and unexpected ways, as many a hapless dealmaker has learned. In some cases, it's a matter of ignorance or blatant disrespect, as with the American salesman who presented a potential Saudi Arabian client with a multi-dollar proposal in a pigskin binder, considered vile in Muslim Countries. He was unceremoniously tossed out and his company blacklisted from working with Saudi businesses. But the differences can be much more subtle, arising from deep-seated cultural tendencies that influence how people interact-everything from how people view the role of the individual versus the group to their attitudes, say, about the importance of time or relationships.

My research shows a treacherous aspect to cross border negotiation that's been overlooked in many a literature: the ways people from different regions come to agreement, or the processes involved in negotiations. Decision-making and governance processes, which determine either a "yes" or a "no", can differ widely from culture to culture, not just in terms of legal technicalities but also in terms of behaviours and core beliefs. Numerous promising deals have failed because people ignored or underestimated the powerful differences in processes across cultures.

Map the players and the process
In any negotiation, you are always interacting with individuals, but your real purpose is to influence a larger organisation-representing a diverse set of interests-to produce a meaningful yes. Applying "home" views of corporate governance and decision making to international deals may seriously hinder the negotiation process. I find it useful to breakdown the decision-making process into several constituent parts:

Who are the players? Regarding a deal in the US, extra players beyond those representing the two companies may influence the deal: the SEC, the Federal Exchange Commission and the Justice Dept., among others. In other countries, there'll be extra players as well, but different and often less obvious. For e.g. in Germany, labour has virtually equal representation on many supervisory boards of directors, and local party officials play an integral part in the Chinese negotiating teams there. If an acquisition target has foreign subsidiaries, the skein of negotiating partners may grow even more tangled. All these constituencies bring their own interests to the table, as well as varying abilities to block or foster negotiations.

Who decides what? Even if you know who's playing a failure to understand each player's role-and who owns which decision-can be very costly. Cultural assumptions can sometime make it very difficult to recognise or acknowledge who has formal decision rights. Understanding both formal decision rights and cultural assumptions in less familiar settings can be vital.

What are informal influences that can make or break a deal? Many countries have webs of influence that are more powerful than the actual parties making the deal, even though those webs don't have the formal standing of, say, government agencies. In Japan, it may be the Keiretsu-Industrial groups that are linked by a web of business ties, lending, and cross-shareholdings. In Germany's financial sector, it might be the insurance giant Allianz. In Italy, it may be a set of powerful families. Outsiders need to understand these webs and factor them into their negotiating approach.

In short, successful cross-border negotiators begin by discarding home-market presumptions and developing a clear map of the players who are likely to influence the formal and informal decision process. Only when you know exactly who these players are can you develop a strategy that targets their interests.

Adapt your approach
However, knowing who's in the process is only half the battle. While you negotiate with people, you are typically seeking to influence the outcome of an organisational process. That process can look different in different cultures, and different processes may call for radically different negotiation strategies and tactics. While it is difficult to generalise, such processes tend to take one of several forms: top down, consensus, and multistage coalition building.

Top Down. In some cases, you will deal with a "real boss", a top-down authority who ultimately makes decisions unilaterally. The most effective negotiators avoid making deals with relatively powerless agents who function as important messengers or emissaries but not as powers in their own right. Instead, these negotiators find ways to interact directly with the boss-or, if that's not possible, to connect with people outside the process who have close ties to or influence over the boss.
This strategy must be used cautiously, however. It can easily backfire when subordinate players have opportunities to sabotage the deal or erode its effectiveness. What's more it can be risky to impute omnipotence even to apparently powerful bosses.

Consensus. If top down authority is at one end of the decision-making spectrum, then consensus is at the other. The consensus process can have many variations and is especially common in Asia. It sometimes requires agreement among the members of the other side's negotiating team; at other times, it requires agreement from the broader enterprise and can include external stakeholders and governments. The need for consensus among players on the other side will affect your negotiating strategy in many ways:

Since consensus cultures often focus on relationships rather than deals.

Consensus processes often go hand-in-hand with near-inexhaustible demands for information.

To the extent that you can pinpoint the source of delay-usually the doubts of specific people or units-you should design your approach to help your proponents on the other side convert the doubters.

You may need to shift your focus away from the bargaining table and instead interact extensively and informally with the other side as it tries to reach a position internally.

Coalition Building. Decision processes don't always come in pure forms such as top down or consensus. Sometimes, they are less defined and don't require the agreement of every player but rather the support of a sufficient subset of players-a "winning coalition" that can effectively pressure, sidestep, or override dissenters. At other times, a "blocking coalition" that has interests no one can ultimately overrule can bring a proposal to a halt.

In closing, it's worth noting that cultural allegiances are often not as simple as they appear. While national culture can tell you a lot about the person sitting across the table from you, every individual represents a number of cultures, each of which can affect negotiation style.

Reviewed from Harvard Business Review-

by Saurabh Marya,BA Mass Comm, MAHE, Level 1

 

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