How do you calculate the value of liquidated damages? What do you ask for? How do you know what something is worth? According to contract expert Jeanette Nyden, “If you don’t have a good risk analysis or cost analysts on the customer side, then you use formulas.” Jeanette shares what this could look like in this throwback episode of Negotiations Ninja! (more…)
LISTEN NOWWhat is an indemnity clause? Why do companies have indemnity clauses? What do contract professionals need to be aware of? Jeanette Nyden has spent the last 18+ years teaching people how to negotiate the word of complex contract negotiations. She shares how you can navigate indemnity clauses in this throwback episode of Negotiations Ninja! (more…)
LISTEN NOWWhat do you focus on when negotiating labor categories? People often leave money on the table because they prioritize convenience. But what they should really focus on is bringing in an industry insider that understands every component—including cost structure—so they can help you optimize costs. Matt Smith and Rich Hamm take a deep dive into negotiating labor categories in this throwback episode of Negotiations Ninja! (more…)
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Dr. Charlotte de Brabandt has been in procurement for 14 years and worked in five different industries on three different continents. During this time, the world has undergone massive changes—and so has the world of procurement. The crises we’ve faced have led to a further reliance on technology to navigate supplier negotiations, but it’s also led to a shift in relationships. Procurement needs to move away from impersonal numbers-based negotiations...
LISTEN NOWWhat three things are critical to successful negotiations? Richard Ham believes that you must do three things: Master the subject matter: You need all of the supporting details completely mastered before you enter a dispute or a negotiation. Prepare: If you’ve spent 30+ years in an industry, you still have to take the time to be prepared for every specific negotiation. Embrace Solidarity: Solidarity with your clients is critical. It is...
LISTEN NOWNegotiating via email, text, social media, Zoom, or any other virtual way of communication is tricky, at best. A written conversation doesn’t allow for reading body language, tone of voice, etc. So when you can’t pick up the phone or meet in person, are you doomed to fail? Or do you just need to master a different skillset? Giuseppe Conti shares the dos and don’ts of negotiating via written communication...
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You’re a small organization about to enter a negotiation with a large company. You’re prepared to go in and sign the contract because simply doing business with them could be astronomical for your company. But just because you’re a small company doesn’t mean you can’t negotiate with Goliaths. In this episode of Negotiations Ninja, Christine McKay shares how you can strategically use contracts to negotiate better terms, even as a...
LISTEN NOWMichael van Keulen (MVK) has worked in procurement and finance for over 20 years. Over those years he’s seen companies resist digital transformation. The key to a digital transformation is getting the internal stakeholders on board. To do that, procurement leaders have to step up and oftentimes put their jobs on the line. How do they avoid losing their jobs while pushing their companies toward digital transformation? MVK shares what...
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When people think of negotiation—especially in Western cultures—they often think in finite terms. In a finite game, the rules are fixed until there’s a winner. In an infinite game, the rules change during play. It’s done so to bring as many people as possible into the play. The purpose of the infinite game is that things aren’t just about transactions or deals but revolve around a higher purpose. How does...
LISTEN NOWWhy does the limitation of liability clause exist? How does it work? Is there a way you can simplify the process of building it out in the negotiation? Contract and negotiation expert Jeanette Nyden shares her extensive knowledge of limitation of liability clauses in this throwback episode of the Negotiations Ninja podcast! (more…)
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