CLED BOOKS: Understanding Commercial Contract Negotiations (ISBN 0 9581 452 45) $24.95 inc GST › View the Table of Contents › Order the Book › International Edition So you've been involved in weeks (or sometimes even months) of hard-fought negotiations. You've had to make a number of concessions to get this far, but in return, have been able to extract a number of significant concessions from your opponent that will make the deal a winner for your company.

What do managers in an organisation normally do at this point? They breathe a sigh of relief that the negotiations are finally over and that the deal is done.

However, the deal is not yet done until it is written up. Not until the final form of contract is agreed upon and executed.

At this point there is usually an unofficial "handover" of the process to commit the terms of the deal to paper. Depending on the size of the company, this could be to the company's legal department or - at the opposite end of the spectrum - to the more junior member/s of the deal team.

Most people usually think that the hard part is over at the conclusion of the oral negotiations. In fact, this is often where the real negotiations - those that could cause the greatest impact to the parties - usually begin.

It is at this point of the transaction that persons, not previously involved in the negotiations, often join in. They might be lawyers or other persons to help "write up the deal".

Other person's interpretations can influence the wording of clauses.

It can also happen that a person will seek to gain an advantage over the other party by "slipping" something in at the last minute. It may even be a point that was never discussed or negotiated.

This book covers the tricks, tips and tactics of commercial contract negotiations so that you can avoid getting caught unawares.


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