Webinar on How to Avoid Major Issues in Structuring an Agreement

See the videos of a webinar in three parts about major issues in structuring agreements. Complete with interesting "war stories"

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Establishing Contract Negotiating Advantage

Effective Agreements' blog has included several entries touching on negotiations, and this newsletter has addressed several issues as well. Let's see about putting them together as a primer for establishing contract negotiating advantage:

 

 

1. Be Prepared. Not very original, but this concerns a negotiation, maybe worth millions of dollars, not remembering a flashlight. Being prepared requires:

 

  • Having read the agreement many times
  • Preparing a negotiation strategy that details what concessions will be made for what terms and when
  • Having sign off from management on the negotiation plan
  • Having permission from management to walk the deal if necessary.

 

2. Use of the right negotiating team and roles:

  • One person who negotiates and is the only person to speak for your side

  • One person who only takes accurate notes of the proceedings, especially noting the agreed to and open terms and conditions

  • One person who is left free to listen and advise the negotiator when necessary.

 

3. Negotiate for advantage, but not for destruction

  • Give concessions slowly

  • Key-to-contract-negotiation-advantageOnly change your position in small increments

  • Do not negotiate a deal that the other side will discover is too much to its disadvantage. That path leads to the dark side. (Oops, sorry about that.) That path leads to a lack of cooperation and difficulty working together on a regular basis, then possibly to litigation.