You're negotiating a contract. How do you maintain flexibility while upholding non-negotiable terms?

Para negociar contratos com termos n?o negociáveis e manter flexibilidade, defina quais termos s?o fixos, ofere?a alternativas para compensar o que n?o pode ser mudado, seja transparente sobre suas limita??es, destaque como o contrato beneficia ambas as partes, mantenha um diálogo aberto e documente todos os acordos.

I have found an unbeatable way to handle it. Instead of simply stating that a certain term is non-negotiable to the client, I always prefer to explain the benefits and importance of that specific term or terms. This approach helps in avoiding client objections, and most of the time, the client moves forward to other aspects in the contract. Example- 10 yr back, I used to sell service in ECS(EMI) Mode, Every BDM in my Company founds difficult to Explain this to client, Because client always wanted service that can be stopped anytime. but It was for Minimum 1 Year contract. I Use to explain it as,"Dear sir, ECS is benefiting you, becoz cost of service will be same for complete 1year, company cant change price".This was a game changer for me.

First, be crystal clear about what’s non-negotiable for you. These are the terms that are vital for your business, and they should be set in stone. Knowing these must-haves allows you to stand firm where it truly matters.

In my opinion, building rapport is crucial before engaging in any discussions or negotiations. Establishing trust, emotional connection, and respect with the customer is essential before entering into a contract, and rapport building plays a key role in accomplishing this. -I typically share success stories of customers who have benefited from the company. -I search and utilize emotional connects with clients. -I share the growth of the company and its customers. -Knowing and sharing the names of competitors can help in creating a strong rapport.

Focus on building a positive relationship with the other party. When you have a good rapport, it becomes easier to navigate tough discussions. People are more willing to work with you when they feel respected and understood.

While your non-negotiable terms stay firm, show flexibility in other areas. Offer alternatives or compromises that still work for you but might make the deal more appealing to the other side. This gives the negotiation a sense of give-and-take, helping to reach a mutually beneficial agreement.

In my experience, whenever I identify a client expressing concern about a specific point in a contract, I proactively offer them the best alternative without prolonging the conversation. For instance, during my tenure at an Edtech Company, a customer declined to purchase our service citing that their child does not engage in mobile-based studying. In response, I promptly proposed our Teacher service. This service involved a teacher contacting the student daily, monitoring their login times, assignments, and communicating with parents if the student exhibited disinterest. Remarkably, 80% of deals were successfully closed due to this solution. Regrettably, we were unable to extend this offer to all clients.

When negotiating contracts with non-negotiable terms, maintaining flexibility is key to keeping discussions productive. If certain terms, like payment schedules, are fixed, consider offering alternatives in other areas such as delivery timelines, service levels, or additional benefits. This approach demonstrates a collaborative mindset and helps preserve the relationship by focusing on areas where compromise is possible. By suggesting "if-then" scenarios, you can uphold essential terms while providing value in other aspects. This strategy keeps negotiations dynamic, ensuring a win-win outcome for both parties.

Negotiation is an art. We often wonder whether we made a good deal or not. I would suggest to - Focus on your fundamentals that justifies your efforts - Negotiate on deliverables which could vary. In the end your offer should be tempting enough to look win-win for both the parties

Primeiramente é indispensável que uma parte esclare?a à outra as raz?es da impossibilidade de negocia??o quanto a determinadas cláusulas, bem como os benefícios da manuten??o da reda??o originária. Se ainda assim a outra parte questionar e insistir nas altera??es, oferecer alternativas demonstrará boa fé, disponibilidade para colaborar e senso de justi?a, uma vez que n?o sendo possível atender a um pedido de altera??o, o que provavelmente seria mais benéfico a quem solicitou, mas cedendo em outro ponto, restará caracterizada a transparência e a tentativa de equilíbrio entre as obriga??es das partes.

We can maintain flexibility by being willing to make trade-offs. For example, if the other party makes concessions on non-negotiable terms, try to find areas where they can give back, such as a higher price point or longer duration. This way we can uphold our non-negotiable terms while creating balance and fairness.