When you review redlines, do you go into automatic playbook mode? 🤔
In negotiations, are you actually listening or just trying to persuade the other side?
When I wasn’t listening, I missed critical information.
I made assumptions about the other side’s motivations without truly understanding them.
And I wasn’t picking up on the gaps in my knowledge.
In this software license, why would a customer delete the “reverse-engineering” restriction? Reject.
Why do they need to share the output of my SaaS for cyber compliance? Reject.
In commercial contracts, the aim is to get the contract closed and signed ASAP.
Acting on mistaken assumptions only takes you further from resolution.
The quicker you stop arguing over wording and ask what the actual issue is, the faster you reach resolution. 🔑
So I invite you to ask yourself two questions before your next review or negotiation to help get you to the crux of the issue quicker:
1. Why did they make this change?
2. Why is this a problem for them specifically?
Not every contract change requires deep soul-searching or psychological analysis. But for the tricky ones, getting to the heart of the issue leads to faster resolutions. 💡
It’s about talking to someone about the issue, rather than around it.
How much time can you save negotiating once you know the “why” of the other side? ⏳
This is a good tip for life outside contracts too.
For more contract tips, download “10 SaaS Contract Basics SaaS Attorneys Must Know!” Click here to download.