Let us never negotiate
out of fear. But let us
never fear to negotiate.

John Fitzgerald Kennedy

Contract Negotiation: Change the Negotiator

It was Robert Frost who wrote, “Good fences make good neighbors.” In the same vein, it is very easy to make the case that good contracts make for good business relationships. An agreement in principle is not the same as an agreement that will work. In order to make sure that all parties receive what they think they were promised, and to nail down and clarify all assumptions and expectations, you must complete a thorough contract negotiation. Our Contract Negotiation Workshop will prepare you for the negotiation process, and equip you with the negotiation skills you need to come up with a winning contract that satisfies all parties. It is work, but it is worth it.

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Frequently the negotiator on the other side will change for reasons that are not tactical. For example, the old negotiator may have been transferred or conceivably even fired. In such a situation it is important to be very aware of the political needs of the new negotiator. He or she may find it necessary to place his or her own stamp upon the agreement that is being negotiated and may in fact feel forced to disown anything that the prior negotiator did. Rather than reacting angrily or negatively to such a situation, try to work with this person in the framework of their political needs, perhaps reshaping the deal or trading off some minor concessions in order to satisfy these needs.

Change the negotiator can sometimes be an effective strategy, when a negotiation is deadlocked, particularly if personalities have become part of the problem.

Change the negotiator is also sometimes used as a tactic to throw the other side off balance. The new negotiator will enter the scene, feign ignorance of what has occurred to date, try to disavow concessions made by his or her predecessor, while at the same time demanding to retain the concessions that you made.

When faced with "change the negotiator" either as a tactic or simply as a result of personnel changes, never allow it to push you into making substantial additional concessions simply because the negotiator has changed and wants more. Remember that the negotiation isn't over until it's over and if the new negotiator doesn't like anything about what has happened to date, you always have the option of going back to your initial positions and starting all over again. Certainly don't let them withdraw their concessions while insisting that you keep yours on the table.

Michael Schatzki
New York, NYC

Negotiation Skills - Know Your Options

Contract Negotation Quote
"High expectations are the key to everything."
Sam Walton

Suggested Reading:

Global Business Negotiations: A Practical Guide
by Claude Cellich, Subhash Jain

101 Salary Secrets : How to Negotiate Like a Pro
by Daniel Porot, Frances Bolles Haynes

The Power of Nice: How to Negotiate So Everyone Wins- Especially You!, Revised Edition
by Ronald M. Shapiro, et al

The Shadow Negotiation : How Women Can Master the Hidden Agendas That Determine Bargaining Success
by Deborah Kolb, Judith Williams

NEGOTIATE TO CLOSE : HOW TO MAKE MORE SUCCESSFUL DEALS
by Gary Karrass

Getting Past No: Negotiating with Difficult People [ABRIDGED]
by WILLIAM URY

Win-Win Career Negotiations: Proven Strategies for Getting What You Want from Your Employer
by Peter J. Goodman

Breakthrough Business Negotiation: A Toolbox for Managers
by Michael Watkins