Thus, every word in the agreement should be written and analyzed by an experienced business lawyer. Here’s a look at negotiating the best contracts for your business.

Strive for Mutual Benefit

The best negotiators begin by asking for more than they expect and gradually move toward a middle ground that proves mutually beneficial for both parties. 

However, there is sometimes a fear of failure and loss during a contract negotiation. Negotiators must overcome this fear when at the negotiating table. 

Make decisions based on logic as opposed to emotions such as fear. Instead of making an irrational decision due to an emotional state or response to something said by the other party, remain detached from your emotions.

View the terms offered from the lens of a rational, unbiased, and objective party. Determine if the offer is fair based on that perspective and move forward accordingly. 

Remember: top negotiators are quick to admit their initial offer is rarely accepted. Thus, acknowledge the merits of exchanging counteroffers. Continue working toward a mutually beneficial agreement, so you’ll make meaningful progress.

Don’t Tip Your Hand

Your business might be in a difficult position and desperate for an alliance with another company. However, the other party is unaware of your company’s financial situation, current needs, and whether the agreement might make or break your business. 

It’s important to communicate specific contractual terms. Resist the temptation to accept a lowball offer simply because landing the contract would be a major victory for your company.

Don’t agree to a deal until you are confident that the terms are fair. If you accept an unfair offer simply for the sake of making a deal with a new ally, you might suffer financial loss later.

The key takeaway is that contract negotiations require a concealing of desperation to prevent others from viewing it as a target for exploitation. 

Resist the Temptation to Bargain

Most business professionals ponder the prospect of making generous counteroffers. Then they quickly dismiss the thought as it would equate to a loss if accepted. Instead of attempting to bargain and running the risk of getting little in return, choose to negotiate. 

Negotiation, as opposed to bargaining, works in the context of hashing out the terms of legal agreements, including but not limited to:

• Franchise agreements
• Distributor agreements
• Employment agreements
• Leases 
• Licensing contracts
• Noncircumvention agreements
• Noncompete agreements

Recognize and highlight the value proposition you bring to the table. Don’t sell your company short, especially when it comes to the details of the language of specific contractual terms.

Consult Niswanger Law for Contract Negotiation Assistance

Do contract negotiation with the assistance of Niswanger Law’s business planning specialists in Monroe, LA. We’ll help you reach an agreement that both parties find acceptable.

You can schedule a consultation with our business lawyers by dialing (318) 953-0071. Our office is at 3814 Cypress Street, West Monroe, LA 71291. You can also contact us by completing this form.