Regardless of whether you lead a civic, social, or religious organization, a business entity (regardless of size), or any component of government, mastering the art and science of effective negotiations and creating a meaningful contract requires some relevant knowledge. , combined with the experience, knowledge and commitment/discipline, to demand, including certain essential contractual clauses. Too often, those who negotiate proceed without paying much attention to ensuring that their actions are in the best interest, especially, in real terms, of the group they serve and represent. With that in mind, this article will briefly attempt to consider, examine, revise, and discuss 5 of these essential clauses.
1. Specific needs/requirements of the group: There are several reasons groups need to negotiate specific contracts. Before proceeding, therefore, the negotiator must fully consider and understand, specifically, what this organization seeks and needs to achieve or secure through this contract. Therefore, an organizing committee (or similar), must clearly identify the requirements, for the individual to fully proceed, keeping them in mind throughout the process! How can the best decisions be made without starting with this knowledge and understanding?
two. Expectations of both parties/guarantees: Quality negotiators must know and appreciate not only their expectations, but also what their adversary needs, prioritizes, and seeks/requires. The best approach, therefore, is to use a win-win negotiation, where both parties end up satisfied with the results. What clauses must be included to guarantee performance, including penalty clauses, bonuses and other specific requirements?
3. Costs/ Financial issues/ Options/ Alternatives: Before beginning, the process, a realistic and well-considered budget, should be prepared and used as a guide to determine what is realistic and whether to proceed. Knowing as many costs as possible removes many obstacles and future challenges, because it makes the group you represent better prepared and ready to proceed. An intelligent approach is to recognize and consider, with an open mind, as many viable options and alternatives, so that financial issues, etc., are properly considered.
Four. Performance issues: Merely negotiating a clause (or clauses) in a contract is usually not enough! How one ensures real compliance with these aspects requires the inclusion of compliance clauses, which include severe penalties, which make non-compliance unattractive!
5. Conflict resolution: How can you be sure that any potential future conflicts can be resolved in a timely and thoughtful manner? In my more than four decades of involvement in a variety of types of contract (and other) negotiations, I have witnessed how preparing for eventualities is often the difference between getting what you want and disappointment!
Negotiating can be the best friend or the worst enemy! Will you be ready to achieve your goals?
