You have read books, articles, blogs on contract negotiation. Or, even better, you did a real negotiation training. All have praised the importance of win-win negotiation.
There you find yourself in your next tough negotiation. All the discussions are on limits of liability, caps for liquidated damages, rights to terminate the contract etc. Subjects, where a bit more protection for one party, automatically means a bit less for the other party. You hesitate. Are those articles or training courses not realistic, not worth your time & money, just wishful thinking?
The answer is: Yes, they are OK; but you need to find some practical applications.
Win-win negotiations are really a powerful way to reach balanced contracts. But maybe the articles, books and training are a bit too theoretical for you to easily apply what you have learned in actual negotiations? You need to prepare for the negotiations, identify the needs – sometimes hidden – of your Client, rehearse the arguments, … Have you thought about some coaching to get going?
Here you will find some links to relevant articles :
AfiTAC.com is the blog on commercial and contractual subjects for the Project Businesses (Construction, Infrastructure, Oil & Gas, Power & Renewable, Water Supply & Sanitation, etc). Its objective is to stimulate reflection, learning, convergence to balanced contracts and positive dispute resolution. You can subscribe to our newsletter by writing to “email@example.com”. You can also connect to our LinkedIn page. Engagement with the readers is what keeps us going. So, don’t hesitate to exchange with us by commenting here below, liking our publication on LinkedIn and writing to us “firstname.lastname@example.org”.