Master the use of normative leverage. Normative leverage is the skillful use of common standards, social norms, and shared interests to create an argument to gain an advantage or protect a position an organization has taken. When using normative leverage, contract...
Let’s start off with a valuable reminder: tactics are not a substitute for a real negotiation strategy. In working with thousands of negotiators, I have reached three conclusions about tactics. One, it is imperative to recognize tactics, so as not to be drawn into...
If you have a risk that needs to be addressed in a contract, use these three questions to help you get a handle on it. It could be a new risk profile due to market constraints, a new law, or a new corporate policy. Where in your standard contract are common risks...
Termination clauses Either for convenience or for cause, include a notice to the supplier but do not set forth the structure to unwind the business relationship. In fact, these clauses may provide incentives for the supplier to “dump and run”, stripping resources from...
Ok. Exaggeration alert. I don’t hate them the way I hate Okra or cleaning the litter box. But, when stakeholders think that a complex multi-Billion dollar deal can be contracted for a “fixed price” I feel like yelling WHHAAAT??. Which I don’t – or wait until I am on...
