Tips for Negotiating a Strategic Partnership Agreement

This article by Robert Singer suggests the following points to protect your valuable intellectual property when negotiating a strategic partnership agreement:

Start with a nondisclosure agreement, which must cover four key points:
a. Exactly what information is to be kept confidential and how it must be handled
b. Time limits and purposes for which this information can be used
c. The process for enforcing the agreement
d. Remedy if a violation occurs...

Keep a detailed chronology and complete notes of your discussions.
Keep a clear record of disclosures made and to whom they were made...
Control the amount of disclosure given to a potential partner...
Be realistic about the value of a strategic relationship...
Be prepared to move quickly if a worst-case scenario materializes...

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Negotiate Win-Win Business Deals

This article from TEC® Best Practices contains an excellent overview and recommendations for negotiating successful business deals, including the following:

Four common negotiating myths make it difficult, if not impossible, to create win-win deals:

Negotiating myth #1: Negotiating involves competition.

Reality: Negotiations involve exchanging information and resources in order to satisfy the different and sometimes conflicting needs of two or more parties.

Negotiating myth #2: Negotiating involves bargaining.

Reality: Bargaining is competitive; negotiating is cooperative. Bargaining focuses on who is right; negotiating focuses on what is right. Negotiating creates long-term deals and relationships. Bargaining agreements never last because the losing party always insists on the chance to come back and get even.

Negotiating myth #3: Negotiating always involves compromise.

Reality: Nobody wins in compromise because both sides end up getting less than they want or need.

Negotiating myth #4: Effective negotiations involve the use of tactics, trickery and manipulation.

Reality: Honest, ethical negotiators never try to manipulate or deceive the other side. Tactics should only be used in self-defense.

The bottom line is that negotiating business deals has nothing to do with bargaining, compromise and competition. To create win-win outcomes, both sides must:

Strive to understand the other person's wants and needs

Attempt to solve the other person's problems as well as their own

Adopt a mindset of flexibility rather than rigidity

Focus on "enlarging the pie" rather than dividing it up

Always aim for win-win outcomes

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Establishing Outsourcing Contract Service Level Measures

"Properly identifying and developing service level metrics is a major factor in building a successful outsourcing contract. The development and governance of these metrics involves tasks that must occur while the contract is being negotiated (pre-contract) and tasks that occur after the contract has been signed (post-contract).

Far too often, the customer and the provider agree to incorporate service level "place holders" into the contract. Their intent is to revisit the assignment of service level measures at some point after the commencement of the engagement. However, once the contract is signed, it is very difficult to bring everyone back to the table to negotiate additional terms and conditions. The lesson learned is obvious: establish your service levels prior to contract negotiation."

Read more in this article from BNET.com.

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