What Is Contract Negotiation? All You Need to Know

The art of negotiation has been around for centuries and is a part of every aspect of life. In the business world, especially when it comes to contracts, negotiation is key. It’s what separates businesses from each other and often makes or breaks deals.

Contract negotiations are important because they protect you and your business against unfairness and give you more power when dealing with others. However, certain things need to be considered first, whether you’re negotiating on behalf of your company or yourself.

To help you improve your business negotiating abilities, this article will go through the basics required for you to become a professional negotiator.

What Is Contract Negotiation?

Contract negotiation is the process of compromising and working out an agreement between two or more parties in order to reach a common goal. In this process both parties get together and try to come up with the best possible terms and conditions. Also, both sides stand a chance to benefit from the negotiation process, which reduces their monetary, administrative, and compliance risk. 

Contract negotiation is the process of compromising and working out an agreement between two or more parties in order to reach a common goal.

The other important contract feature is the practice of redlining. This is the process of editing a contract, and it serves to create a single document that satisfies all parties in the negotiation.

How Important Is Contract Negotiation for Your Business?

The key target of negotiations is to provide rights, duties, and consent for all parties. Also, proper contract negotiation aims to exclude the possibility of disputes and conflicts, making parties feel comfortable with the details of the contract. The following aspects of negotiation are essential and should be taken into account:

  • Planning and structure. It is crucial to have a well-thought-out plan to ensure the success of a project, minimize misunderstandings, and save on costs.
  • Certainty. The primary goal of contract negotiations is to establish certainty regarding the quality, quantity, and consequences of not meeting agreed-upon goals on either party’s end.
  • Clarity. The parties’ views and objectives become more apparent when they can communicate openly during negotiations. Protecting the interest of the company and ensuring constitutional immunity for the contract are two of the main aims of this clause.
  • Goal achievements. Every organization has goals, and these are attached to vital contract negotiations that help put the organization on the right track to achieving its objectives.
  • Committed relationships. Contract negotiations help in building loyal relationships for your business, especially when it comes to long-term commercial partnerships. Several societies, like the Japanese, emphasize the importance of bargaining to achieve mutually beneficial agreements.
  • Avoiding linguistic and cultural misunderstandings. Even though each country has its own unique culture and attitudes towards work, via negotiation, you can satisfy the expectations of both sides.

At the end of the contract negotiation process, you’ll have a legally binding contract that should be clear for both parties. It’s important to ensure your business has all its bases covered before signing on the dotted line.

The Essential Steps Involved in Contract Negotiation

Contract negotiations aren’t just a formality carried out without any specific pattern or protocol. There are steps and guides to follow for due process; let’s check them out:

1. Prepare

The first step to succeed in contract negotiation is preparation. This step involves following a few guidelines:

  • Take the time to carry out your assessment. Everyone begins with an advantage if they have more information than the other side. Ensure that your homework about the industry has been done properly, including the opposite party and contractual principles, before the meeting.
  • Prioritize. Evaluate your priorities and write them down in a prioritized order. Setting your priorities straight is one of the most essential contract negotiation tips you’ll ever know. The best thing to do is to create alternate preferences for each one.
  • Define your needs vs. your wants. Create a list of the items that are “essential to have” and “acceptable to have” in your contract.
  • Be aware of your financial situation. If the terms and conditions offered during the contract negotiations don’t fit your finances, you can opt to decline. 
  • Constraints on time need to be defined. Negotiation speed and meeting timeliness are both important considerations. Prior knowledge of the other party’s time-management habits is essential for negotiations to enable you to better manage your time and remain calm and collected during the procedure.

Your homework, prioritization, and balance in needs versus wants are among the most important things to keep in mind before moving to the next step. 

2. Define Your Objectives

Knowing what you want is a vital aspect of contract negotiation. No guesswork is needed. The following guidelines should help you:

  • Do not rely on gut feelings; use statistics instead. Get rid of personal biases and focus on what is at stake during the negotiations. “I have a sense that…” or “I believe that…” are examples of emotional expressions that should be avoided in negotiating contracts.
  • Summarize the most important information. Somewhere after the conversation, sum up what you settled on and what you intend to stick with.
  • Achieving a “yes.” Under this negotiating strategy, the negotiators are taken out of the picture, and the actual players that impact the process are examined. Problem-solving and brainstorming using such information will assist you in getting to “yes.”

There should be no feelings involved in a contract’s negotiation. Simply define your goals, summarize important information and achieve ‘yes,— then move on to the next step.

3. Discuss

The discussion you maintain holds the key to determining how productive the negotiation process will turn out to be. The following tips should come in handy when discussing:

  • Take charge. The timing, place, purpose, and pacing of the negotiation are all factors that can give you an overwhelming advantage. Take charge of these aspects to put yourself in the perfect position.
  • Keep an upbeat attitude. Consider positive statements like “I am pleased about that” or “I agree” for an aspect of the negotiations or discussion you felt optimistic about.
  • Maintain a friendly but firm demeanor. The best technique to negotiate a deal is to maintain a friendly and entrepreneurial demeanor. Be careful to be tough but pleasant in your requests.
  • Keep your emotions under control. Emotional responses can interfere with one’s ability to think clearly. Even if they don’t, they could make you look awkward. Breathe deeply if you find yourself in a state of emotional turbulence.
  • Strategize based on concession provisions. Your partner in negotiations should walk away feeling as if they have been met in the middle. You may be able to provide several concessions if you make a few compromises yourself.
  • Inquire, don’t demand. Ask why you are doing what you are. Take a step back, and do not become angry. Discover why the other person is getting more difficult to deal with, and afterward, come up with a resolution that satisfies both of you.
  • Avoid depletion and threats. Threats may be used subsequently by one party. They have the potential to squander valuable time by stalling negotiations. If that’s the scenario, evaluate whether or not you are prepared to deal with those kinds of techniques to get the deal.
  • Request only what is reasonable. Emphasizing that certain demands are merely in line with industry standards is amongst the most vital productive negotiation strategies. Towards the end, it is no longer your decision to come up with the conclusion; however, the industry might ensure that your wish is granted.

After the right preparation, by defining your goals and discussing, you might answer the question of how to behave during negotiations.

How to Relate in the Negotiation Meeting

A good interpersonal relationship is a key step in kicking off your negotiations on a high note. It will help you relate well with the other party involved. When you learn to relate in a negotiation meeting, it gives you an added advantage in the decision maker’s book. Here are a few tips to keep in mind:

  • Make an entrance and lay out the plan of action. Maintain a sense of serenity and composure.
  • Make sure you comprehend the other party’s proposition before making a decision.
  • Remember your goals and share concepts and ideas while you are working on your project.
  • Think about making and requesting concessions if you cannot agree.
  • Do not be afraid to offer new ideas and consider your partner’s. Giving and receiving is a two-way street.
  • Make clear and recognize proposals by rephrasing others’ ideas.
  • There is no competition here. Finding common ground between parties for constructive cooperation is like gameplay.

After knowing several useful behavioral tips, the next step is to learn some negotiation skills.

Most Common Contract Negotiation Skills

The abilities you will require may vary according to the situation, the goal you are trying to achieve, and the individuals or organizations participating. However, in most cases, the following primary negotiation skills are required:

1. Communication

A person’s ability to engage others through effective communication and social interaction is a critical life skill. The best negotiators can adapt their communicative styles to match the demands of the person they are negotiating with. Avoiding miscommunication is easier if you have open lines of communication in place.

2. Listening with Attention and Focus

As part of the negotiating, the ability to actively listen to the other party is essential. To avoid rehearsing or repeating a lecture, you ought to actively listen instead of passively observing.

3. Self-Awareness and Empathy

It is the capacity to manage your emotions and understand the sentiments of others that constitute empathy. Keeping a cool head and concentrating on the critical topics in a negotiation is possible when you are aware of the empathic factors at play. If the ongoing negotiations are not working for you, ask for a pause so that you, as well as the other side, can come back to the table with new ideas.

4. Management of Expectations

Once you prepare for a negotiation, you ought to have a clear idea of what you hope to achieve. Consider lowering your expectations if you are concerned that you and your partner will not agree on the terms set forth by the other party. As a negotiator, it is crucial to strike a compromise between being tough and being open-minded.

5. Patience

Re-talks and counteroffers are common in most negotiations, which might require a future opportunity to finish. A negotiator’s patience is often rewarded with the finest possible outcome, not the quickest one.

6. Ability to Adapt

For a final agreement, it is essential to be flexible. Every negotiation is different, and the circumstances of any discussion can change at any time. For instance, one of the parties participating may suddenly alter their requests. Even though it is impossible to anticipate every conceivable scenario, a skilled negotiator can pivot swiftly and devise an alternative strategy when necessary.

Having a set of skills is the key to making you a professional in a designated field. The same goes for contract negotiations. When you possess and improve the common skills required to dominate and succeed in contract negotiation, you become an expert negotiator. You’ll do well to take advantage of these skills and try to incorporate them into your lifestyle.

Factors to Consider During Contract Negotiations

During a contract’s negotiations, you should take the following into consideration:

  • Get to know the other party’s representatives. Find out if the other party’s representative is authorized to negotiate on their behalf. If so, get to know them better, as it can help you understand what they want and find common ground together.
  • Keep discussions confidential. In order to keep discussions private, you should consider signing a confidentiality agreement. You can make this possible by both sides agreeing that any information shared during negotiations will remain secret between yourselves, in addition to keeping it out of public records if necessary.
  • Do not disclose confidential business data without being certain. Before handing out any important company information, consult with a lawyer. In some cases, it is illegal to give out personal data related to customers or employees. However, a confidentiality agreement must be completed before any information is given out. Think about whether or not the other party really needs the information or is just looking for it.
  • Avoid exaggerating or misleading the other person. Contracts can be canceled and compensation paid if a business exaggerates or misleads the opposing party during negotiations. It is essential to avoid that as much as possible. Maintain a clear communication channel throughout the contract negotiation process to ensure the other party fully understands your intentions and business proposition.

These are the basics that we’ve seen work across any industry — but this is in no way the entire list. On top of our suggestions, it’s best that you run a win-loss analysis and evaluate the negotiation stage to work out your own set of rules that you can later add to your negotiation handbook.

Contract Negotiation Automation for a Smooth Deal

The contract negotiation process can be tedious and time-consuming, but with the help of an automation tool, it can go a lot smoother. Companies use contract negotiation automation to quickly draft contracts that are compliant with state laws. Learn more about contract automation and its benefits below. 

Contract Automation

Contract automation is the process of creating, administering, and archiving legal agreements between you and your customers or clients online. These are some of the benefits of contract automation:

  • Faster revenue realization
  • Value increment in all the deals
  • Increment in compliance 
  • Improved client satisfaction

Now let’s take a look at the contract lifecycle management (CLM) tool that provides contract automation.

Negotiating with CLM Automation

A perfect way to make your negotiation process run smoothly is by incorporating a CLM automation tool. Automation and streamlining of critical stages of the contract lifecycle are achieved via the use of contract lifecycle management. 

It is common for contract management software to provide insight into company spending, streamline the contract procedure, and save on administrative expenses.

Initiation, authorship, procedure and workflows, negotiations and acceptance, implementation, ongoing monitoring and adherence (inside the registry), and contract renewal are some of the steps involved in this process.

Customers and sellers save time and money by using a standard language, standard formats, and standard contract terms that are easy to replicate. It is common for contract management software to provide insight into company spending, streamline the contract procedure, and save on administrative expenses.

When you choose to utilize a platform like AXDRAFT, you can rest assured that all contract negotiations will be united in a single workspace. Its unique features are:

  • Negotiation parties can mark up a document using the simple editor.
  • Parties can leave external and internal comments to secure their privacy. Also, comments can refer to specific fragments of the contract, making it easy to navigate.
  • AXDRAFT tracks every change, bundles comments, and sends them to each party.
  • AXDRAFT keeps an audit log, so there’s a possibility to learn from each negotiation and develop your own best practices.
  • AXDRAFT provides version control, where you can manage different drafts and versions of your document.
  • AXDRAFT’s approval workflows feature allows you to create custom flows automatically triggered when a specific condition is met. It sends a contract or its particular sections for approval to the right people in the proper order and time.
  • AXDRAFT provides account administrators with a role-management feature to assign different access permissions to users. This ensures that unsolicited access, unauthorized contract approval, or unwanted changes to the contract do not occur.
  • The platform notifies you when any changes or comments are made.

Final Thoughts

The answer to the question ‘What is contract negotiation?— is simple; it is the process of discussing and agreeing on mutually beneficial terms for a contract. The objective of contract negotiation is to come up with the best plan that either side feels satisfied with. 

Contract negotiation requires certain skills and preparation, like any other deal, and it becomes more simple and easier with practice. When you are prepared, go through a couple of our suggestions and mind your ultimate goal, which is how to negotiate a deal successfully and be guided by that continuously, and you will succeed.

Utilizing a contract lifecycle management (CLM) tool, like AXDRAFT, will enable you to keep track of all of your collective bargaining agreement dates and schedules in a precise and automated manner. 

Frequently Asked Questions

What is a negotiated contract?

It is when two parties come to an agreement on a series of legally binding terms and conditions.

How do you prepare a contract for negotiation?

1. Identify the issues you intend to negotiate.
2. Make adequate preparation and fully understand all you need to negotiate.
3. Classify the issues you intend to negotiate into negotiable and non-negotiable parameters.
4. Prepare the agenda of the meeting.
5. Get set to negotiate.

What is the purpose of a contract to negotiate?

The goal of contract negotiation is to make sure that both parties are satisfied with their rights and obligations under the agreement.

Are negotiations legally binding?

Negotiation is not legally binding. A tenet of contract law says participation in negotiations does not result in a binding obligation even if both parties are happy with what they’ve agreed upon in the first place.

What is important when negotiating a contract with a customer?

Take care of your needs and pay attention to the other party’s needs. Make sure you adequately prepare your response for every situation that could arise during contract negotiations so there are no surprises. Also, avoid exaggerating or misleading the other party.

Stay in touch!
Subscribe to our newsletters

    Leave a comment