Recruiting in China

Reviewed by Michael Jen-Siu

Tim Cole, a magician from Las Vegas, Nevada, met me in a Beijing coffee shop about two years ago and said he had been cheated out of US$127,000 because his Chinese business partner canceled several performances in violation of their contract. The partner also stuck Cole with the trans-Pacific shipping bill for the show equipment, he told me.

His story followed a series of interviews I had done with the

owners of a Hong Kong engineering company that lost a large hotel to court receivership in Dandong, northeastern China, because the Dandong partner tried to pass off its own loans on the Hong Kong side.

I remember these two cases because they go against the overwhelming majority of China business news stories, which generally follow China's fast-track investment deregulation and the natural flood of foreign businesses entering an anticipated record- sized consumer market. But the magician and the engineering firm showed paperwork to prove that they had been cheated despite the hype.

The Chinese Negotiator, a topically overdue book published this year, suggests that the magician or the engineering firms might have misunderstood their Chinese counterparts when they agreed to do business together. Maybe Cole or the engineering firm upset their local partners during contract negotiations, I started to imagine. Maybe they didn't even have a solid enough deal before business began.

Authors Robert March, a negotiator and consultant since 1985, and Wu Su-hua, an entrepreneur for 25 years in Taiwan and Australia, provide 280 pages of tips on how to negotiate with teams of stoic chain-smokers who don't say what they're thinking. They tell foreign companies to negotiate according to a 12-step process and to pick a team with refined social graces and a taste for Chinese food. They explain why foreign teams must come to the table as a unified front but with a clear leader and every other member assigned non-conflicting responsibilities to avoid the appearance of uncertainty or risk spilling sensitive details too soon.

More important, The Chinese Negotiator shares scores of subtle, example-rich insights about Chinese versus non-Chinese psychology in language that brilliantly transcends stereotypes. These lessons could help almost anyone get along in any Sino-foreign environment, whether as a negotiator, a boss or a common employee. The authors point out that overlooking these subtleties during a contract negotiation can quietly offend the Chinese side, which in turn might sign with a competing foreign firm or plot revenge against the offending party.

March and Wu note, for example, that Western negotiators bristle too obviously when deals don't come together soon enough and do not see how non-business chats over alcohol can improve later negotiations. Chinese, for their part, are as flexible as street-market vendors, take a shared-destiny view of joint ventures, and may look to an absentee boss far removed from the negotiations for serious contract decisions, even after deals are struck at the table. They also subconsciously use any of 36 classic Chinese war stratagems that promote deception, secrecy and elaborate mind games to get what they want.

The book's top lessons, threads that bind one chapter to the next, are that interpersonal trust must precede business, that the Chinese value a harmonious negotiation atmosphere (despite their own poker faces), and that negotiations can last much longer than foreigners expect - though we're never told exactly how long. Another piece of repeated advice: foreigners should avoid talking too much about business in opening negotiation rounds so the parties first get to know each other personally.

The Chinese Negotiator leaves one big red elephant in the negotiating room. That's the profound influence of China's government. Almost every day of my seven years in China, as a reporter or a colleague or a teacher or just someone in the street, I met with the nationalism of modern Chinese people. Much of their distrust, resentment or superiority toward foreigners stems directly from the government's relentless teachings in school or through media that Chinese are historically superior people victimized by foreigners.

The government promotes especially strong anti-Japan sentiment and the questionable idea that ethnic Chinese inside and outside China are all the same except that outside they're lucky to be rich. Before 2000, it was legal to overcharge foreigners at government tourist landmarks. These prejudices are not checked at the negotiation-room doors. Local courts normally back the Chinese side in any dispute, another sign of us-versus-them nationalism. And because of China's non-consultative policymaking and lack of public participation in government, many laws touted as business-friendly via government-run English-language media are vague, redundant and even contradictory.

Cole or the Hong Kong engineering firm might have blundered in their negotiations, but they could easily have been cheated out of sheer resentment, or fallen into the red through a legal gray area. The Chinese Negotiator might have noted the state's formative role in Chinese psychology and advised companies on how to reach sound, cheat-resistant business agreements that have the flexibility to withstand undulating local laws on key matters such as currency conversion and patent protection.

Key foreign countries are also missing from the book. Most of the advisory anecdotes feature firms from developed Western countries, but what about growing powerhouses such South Korea or Russia, where business cultures differ, likewise stereotypes held by the Chinese? And if I were a sole proprietor magician or hotelier, rather than a company with a big staff, I'd want to know how to negotiate against a complex Chinese organization without hiring a team. Is there a network of negotiators for hire?

Finally, The Chinese Negotiator could further explore China with a few more anecdotes from the book's namesake. Experienced contract negotiators at the foreign-affairs offices of state companies or the poker-faced Chinese bargainers who quietly evaluate their foreign counterparts across a table might tell revealing stories about what it's like on the home court.

Influential Chinese people do not always open up to foreign writers, but some will talk, especially if contacted through personal connections. Chinese sources also might offer details on how they arrange room, board and meeting venues for the negotiators - and who pays for it all. Maybe we would learn that some Chinese publisher is about to release "The Foreign Negotiator".

The Chinese Negotiator: How to Succeed in the World's Largest Market by Robert M March and Wu Su-hua. Kodansha International, February 2007. ISBN-10: 4770030282. Price US$24.95 hardback, 280 pages.

Michael Jen-Siu is a wire-service reporter living in Taipei.