Problem-Solving Through Successful Negotiation: A Vietnamese Attorney's Approach to Winning Negotiation Techniques in Japan-Vietnam Disputes
When a problem arises in a Japan-Vietnam joint venture, an investment partnership, an international trademark matter, or an employment or marital relationship, resolving that problem through negotiation is extremely important. Below are the key skills for successful negotiation, together with real-world examples.
01 - Accurately and Fully Grasping the Background and History of the Case
Before beginning a negotiation, it is essential to accurately grasp the full background and history of the matter. At this stage, however, the lawyer can typically only gather information from the client. The client themselves may not know all the facts, and even where they do, they may not disclose everything to the lawyer. In many cases, clients tend to conceal facts that are unfavorable to them, even from their own lawyer. A lawyer must be able to detect and confirm such unfavorable points. Relying solely on the client's account is also insufficient — the analysis must be grounded in concrete, compelling evidence. Key points to note at this stage are as follows.
Points to Note
① Have the client organize the case chronologically
· Ask the client to write out, or explain verbally, the background of the case in chronological order.
· Record the details thoroughly and analyze any inconsistencies or ambiguities.
② Base judgments on evidence
· Do not simply take the client's explanation at face value — request concrete evidence (contracts, emails, messages, etc.) before deciding on a negotiation strategy or making any judgment.
· Use the evidence to establish an objective picture of the situation and set a clear direction for the negotiation.
③ Make the client understand the importance of sharing information
· The lawyer must explain to the client why it is important to share a complete and accurate picture of the case.
· The client should understand that incomplete or inaccurate information can cause the negotiation to run into unexpected problems and produce an unfavorable outcome.
Accurately grasping the background of a case is the foundation for a successful negotiation. Lawyers must build trust with the client while thoroughly confirming the facts and gathering evidence. This makes it possible to set the right direction for the negotiation and avoid unforeseeable risk.
02 - Understanding the Other Party
Before beginning a negotiation, it is necessary to thoroughly research the other party. Beyond publicly available information, it is important to use reliable sources to understand:
The other party's habits and personality
Points to be careful of during contact and negotiation
Their past behavior patterns and background
This allows the lawyer to select the appropriate wording, negotiation style, and demeanor, enabling a more effective negotiation.
【Example: Effective Information-Gathering and Negotiation Strategy】
In one negotiation, we knew in advance that the other party had a very cautious and conservative personality. We therefore took care to explain things logically and courteously during the negotiation, avoiding strong assertions or pressure tactics. As a result, the other party felt reassured and adopted a positive attitude toward our proposal.
In another negotiation, we learned that the counterparty was Buddhist. We therefore studied Buddhist customs and greetings in advance, and during the negotiation we used a Buddhist greeting and naturally wove in references to Buddhist teachings. The negotiation was a great success.
Points to Note
Use reliable sources of information
Public information (the company's website, reports, news articles, etc.)
Information and word of mouth from third parties
Respect the other party's background
Take into account not just data and facts but also the situation and psychological aspects the other party is dealing with
Advance preparation is key to building trust
Preparing a response tailored to the other party's characteristics and expectations increases the likelihood of a successful negotiation
03 - Maintaining Fairness Throughout
Whether the client is the party making a demand or the party receiving one, maintaining fairness and objectivity for both sides is of the utmost importance in any negotiation. A lawyer must stand by the client's position while never losing a neutral point of view. Using one's position or leverage to attack the other party, or making emotionally charged assertions, not only hinders progress in the negotiation but can also damage the other party's trust. Constructive, respectful communication is the key to success.
Above all, a lawyer must adopt an attitude of "active listening." It is essential to listen carefully to the other party's views and gather sufficient information before entering into debate. That said, because the information the other party provides is not necessarily accurate, it should not be accepted unconditionally — it must be carefully scrutinized and compared against the information provided by the client. Speculative or subjective judgments should be avoided until sufficient evidence and grounds have been gathered.
Accepting the other party's assertions too readily can also damage the trust relationship with the client. The lawyer's role is to give the client's interests top priority while fairly rebutting the other party's assertions, and, where necessary, to build a position advantageous to the client. This requires the ability to remain calm and logical while deeply reading the other party's intentions and responding appropriately.
Finally, it must never be forgotten that a negotiation is not a battlefield, but a process for reconciling the interests of both sides and reaching agreement. The lawyer must maintain a balance between showing respect for the other party and protecting the client's interests, and must practice a calm, consistent approach regardless of the circumstances.
04 - Working Together to Find a Solution, Not Just Making Demands
An attitude of jointly seeking a solution is important at the negotiating table. In particular, where the other party (the party receiving the demand) agrees to negotiate, this signals that they too have views they wish to share and good-faith intent to resolve the dispute.
For this reason, it is important to demonstrate sincerity from the earliest stage of contact. Not every party responsible for causing harm acts in bad faith — sometimes it is necessary to understand the situation and background the other party is in, and to explain and persuade the client accordingly.
【Example: A Debt-Collection Negotiation】
I once handled a debt-collection negotiation on behalf of a Japanese client against a Vietnamese company. The debt in question had been lent by the Japanese side to the Vietnamese side five years earlier, and collection had made no progress even after the repayment deadline had passed.
The negotiating counterpart was the Vietnamese company's president. He struck me as a man who kept his word, but his business was struggling and his cash flow was extremely tight. I visited the local factory and reviewed the company's financial condition and books. Initially, we pursued a policy of recovering the debt by disposing of the company's assets, but his assets had already been pledged as collateral to a bank, making recovery through that route unrealistic.
After that, over more than two years, I met with him repeatedly — not simply to discuss debt recovery, but also to help him find new business partners. I also suggested that he reconsider his practice of running multiple loss-making factories and advised him to concentrate on a single factory. I further recommended that he raise funds by selling off a valuable piece of real estate (a factory) from among his underperforming operations.
Following these suggestions, he succeeded in restructuring his business, and within two years he had fully repaid his bank debt. By the middle of the third year, he was also able to repay the Japanese client in full.
Throughout these two years, the Japanese client refrained from placing undue pressure on the other party and maintained a patient stance. As a result, the relationship between the two sides improved, and the matter was resolved in a highly favorable manner for both. This experience reaffirmed for me the importance, in negotiation, of building trust with the other party and working together to find a solution.
05 - Avoiding Personal Attacks While Making Use of the Power of Emotion
It is an ironclad rule never to engage in personal attacks during a negotiation. It is also important to remain calm and avoid being swept up in unnecessary emotion. In particular, the party receiving a demand will often make emotionally charged statements, voice frustration that their efforts have gone unrecognized, or criticize the lawyer's own client. A lawyer must avoid being drawn into this emotional current and stay focused on resolving the underlying issue.
That said, in certain situations, it can be appropriate and even necessary to make deliberate use of emotion, and doing so can be effective.
【Example: A Negotiation to Terminate an Employment Contract】
I once faced a very difficult situation in negotiating the termination of an employment contract with a senior Vietnamese manager. She had worked in an important position for 17 years and was well aware of facts unfavorable to the company. She was also stubborn, uncooperative in the negotiation, and would not yield to any proposal. As a result, the negotiation nearly reached a complete deadlock.
At one point, however, I noticed that she held deep gratitude toward the company's president. I decided to make use of that emotion. I spoke sincerely about the president's own feelings and the difficulties he was facing. As a result, she was moved to tears and agreed to terminate her employment contract in line with the company's proposal.
This example shows that, while remaining calm is important in negotiation, making skillful use of emotion at the right moment can sometimes be the key to reaching a resolution. That said, when drawing on emotion in this way, it is essential to maintain a sincere and respectful attitude toward the other party at all times. Doing so makes it possible to reach an outcome satisfactory to both sides without damaging the trust relationship.
06 - Flexibility and the Ability to Respond in Real Time
During a negotiation, situations can arise that differ from what was anticipated beforehand. In such cases, the ability to respond flexibly and make appropriate judgments on the spot is essential.
【Example: A Negotiation with an Administrative Authority】
I once represented a client facing suspension of its business on suspicion of a legal violation, and handled the negotiation with the administrative authority. Initially, we chose a strategy of demonstrating that "the alleged violation did not meet the statutory elements of the offense," and entered the negotiation on that basis. However, this was an extremely difficult position to establish and required a cautious approach.
During the negotiation, the administrative authority did not accept our explanation. However, from the official's remarks, I realized there was room to acknowledge the violation under a different legal provision while negotiating a change in the form of the penalty. At that moment, we immediately shifted the direction of our approach. This flexible response allowed the negotiation to proceed smoothly, resulting in an outcome favorable to the client.
The lesson from this example is that success at the negotiating table requires not only advance preparation but also the ability to adapt flexibly to the circumstances as they unfold.
Flexibility: Picking up on new cues from how the negotiation is unfolding or from the other party's statements, and revising strategy as needed.
Real-time responsiveness: The decisiveness to quickly assess the situation and change direction.
Such abilities are key to steering a negotiation to a favorable outcome, particularly in unpredictable situations.
07 - Considering Whether Documentation Is Necessary
In negotiations, minutes or other documents are typically prepared to record the intentions and terms agreed by both sides. However, in some circumstances, documentation is not strictly necessary. A lawyer must therefore carefully judge whether documentation is warranted.
When Documentation Is Not Necessary
Where the other party is uncooperative and shows little intention of following through.
If a negotiated outcome is documented but one side has no intention of carrying it out, that document may have little practical value. In such cases, effort is better spent planning the next course of action than on documentation.
When Documentation Is Necessary
In most cases, documentation is important.
Putting an agreement in writing clearly records what each side said and intended, and serves as useful evidence to prevent future disputes or misunderstandings. Documentation is particularly necessary in the following situations:
Where both sides have committed to specific actions.
Where a long-term arrangement is required.
Where a third party is involved based on the terms of the agreement.
This article has explained, with concrete examples, the key points for successful negotiation. In any negotiation, it is essential to accurately grasp the background and evidence of the case, understand the other party's characteristics and psychology, and maintain fairness while remaining flexible. Building trust and exercising calm judgment are also critical — success depends not on confrontation but on an attitude of jointly seeking a solution together with the other party. Pursuing the best possible outcome for the client through proper preparation and response is the essence of a lawyer's role at the negotiating table.