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 contract clauses. Too often, those who negotiate proceed without paying great 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, review, and discuss 5 of these essential clauses.
1. Group-specific needs/requirements: For various 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 proceed fully, keeping them in mind throughout the process! How can you make the best decisions, without starting with this knowledge and understanding?
2. Expectations of both parties/guarantees: Quality negotiators must know and appreciate not only your expectations, but also what your 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 well-considered and realistic 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 future obstacles and challenges, because it makes the group you represent better prepared and ready to proceed. A wise approach is to recognize and consider, with an open mind, as many viable options and alternatives, so that financial issues etc. are properly considered.
4. performance issues: Simply negotiating a clause (or clauses) in a contract is usually not enough! How one, assures, the real compliance, of these aspects, demands 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 contract (and other) types of negotiations, I have witnessed how one prepares for eventualities, often the difference between getting what you want and disappointment!
Negotiating can be the best friend or the worst enemy! Will you be prepared to achieve your goals?
