Deadlock / Stalemate

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📖 Detailed Explanation

In foreign trade negotiations, a 'deadlock' (also called a stalemate) refers to a situation where both parties refuse to compromise on core conflicting interests (such as price, payment terms, delivery schedule, claim amount, etc.), causing the negotiation to stall. It commonly occurs in contract clause discussions, claim disputes, and renewal of long-term agreements. Note: A deadlock is not the same as a breakdown; it is a temporary standstill. It is important to distinguish 'deadlock' from 'breakdown,' which means the negotiation is terminated. A similar term is 'impasse,' but deadlock emphasizes opposing positions with no progress. Common strategies to break a deadlock include: bringing in a third-party mediator, adjusting the negotiation agenda, setting a cooling-off period, and trading non-core concessions. Foreign trade professionals should avoid emotional reactions, promptly assess alternatives (such as BATNA), and document the causes of the deadlock for later review.

📝 Examples

1. In the negotiation over payment terms, our side insisted on 30% advance payment while the other party demanded 100% letter of credit. Both sides fell into a deadlock, and ultimately agreed to meet halfway by adopting 50% advance payment plus 50% payment against a copy of the bill of lading. (Note: A typical handling of a deadlock over price and payment terms.) 2. Because the other party refused to accept the quality claim amount, the negotiation reached a deadlock. We suggested pausing for one week and inviting the industry chamber of commerce to mediate, and finally reached a settlement with compensation at 80% of the claimed amount. (Note: A claim dispute deadlock broken through third-party intervention.)

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