Because the parties to an intended joint-venture agreement must identify all the capabilities, strengths, weaknesses and intentions of the companies involved, and the attitudes and preferences of the individuals comprising the teams, the

nnegotiation atmosphere is of prime importance. Atmosphere affects and is affected

nby the kinds of experiences the parties have had with each other, the relationships established and the climate of trustworthiness created. Equally it

naffects and is affected by the market environment where the market is such that a

nswitch of allegiance to another organization is difficult and costly, considerable

nresources can be put into the relationship.

n由于預期的合資合作合同的雙方除了必須弄清對方公司的實力、優缺點及意圖外，還必須弄清談判隊伍成員的態度和偏好。因此，談判氣氛就顯得至關重要了。談判氣氛和談判雙方的交往經歷、已建立的關系及產生的信賴程度相互影響。同樣，它與市場環境也密切相關，如果在市場上尋找別的合作伙伴很困難，且需耗費大量資金，則現有的談判雙方就會投入大量資源以建立良好的合作關系。

nIf the parties are presenting the initial proposal at the end of the opening phase,the negotiators should know which parts of his offer that the Opponent is likely/unlikely to accept. They can deduce the strength of the Opponent's opposition on any issue and predict the general form of the optimum bargain on each issue the Opponent is likely to accept.

n如果雙方在開始階段結束時提出了最初建議，談判人員應知道對手可能／不可能接受其哪些條件，由此推斷出對手在各個問題上的反對程度，并預測出對方在每個問題上可接受的大致條件。

nBefore proceeding further with the negotiations, the Party should review the results achieved from the opening phase. And then decide whether the negotiations can be placed on a bargain acceptable to both sides which can be identified immediately, or a bargain acceptable to both sides is foreseeable which will need further negotiations to achieve, or no bargain is foreseen acceptable to both sides.