Regardless of whether you lead a civic, social, or religious organization, a business entity (regardless of size), or any governmental component, mastering the art and science of effective negotiations and creating a meaningful contract requires some relevant knowledge. , combined with the experience, expertise and commitment / discipline, to demand, including certain essential contractual clauses. Too often, those who negotiate often proceed, without paying much attention to ensuring that their actions are in the best interests, 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: There are several reasons why groups need to negotiate specific contracts. Therefore, before proceeding, 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, taking them into account 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 their expectations, but also what their adversary needs, prioritizes and seeks / requires. Therefore, the best approach is to use a win-win negotiation, in which both parties are satisfied with the results. What clauses must be included to ensure performance, including penalty clauses, bonuses, and other specific requirements?
3. Costs / Financial problems / 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 that you represent better prepared and ready to move on. A smart approach is to recognize and consider, with an open mind, so many viable options and alternatives, so that financial problems, etc., are properly considered.
Four. Performance issues: Simply negotiating a clause (or clauses) in a contract is generally not enough! How one, he assures, the actual performance of these aspects requires the inclusion of performance clauses, which include severe penalties, which make non-compliance unattractive!
5. Conflict resolution: How can you be sure that any potential future conflict can be resolved in a well-considered and timely manner? In my more than four decades of involvement, in a variety of types of contract negotiations (and others), I have witnessed how one prepares, for eventualities, often the difference between getting what you want and disappointment!
Negotiating can be your best friend or your worst enemy! Will you be prepared to achieve your goals?