You're in a contract negotiation. How do you react when a key stakeholder changes terms at the eleventh hour?

Three of the many items of preparation are; - The concessions that you can make and the corresponding concessions that you would ask from the other side in return. - Your red lines beyond which you will not continue that negotiation. - Your B-plan in case this negotiation does not take you to an agreement. Once you are prepared on those three, you will be able to cope with the attempted changes in terms during the negotiation process. If the proposed changes are not beyond your previously determined red lines, then the other side's term-changing means a request for a concession which you are prepared for. So, you ask for the counter-concession and continue with the comfort of the fact that you have a B-plan.

It's possible that the person requesting changes might be acting from an emotional standpoint. By repeating their request and then making a statement similar to "It seems like..." specifically mentioning what feeling may be tied to their change, you can uncover the reason behind their request. If it's an emotional trigger, sometimes a better solution can be found to validate the person's feelings and point of view. This will help with cooperation and coming to a mutually beneficial agreement in the end.

Primeiramente, é fundamental manter a calma. Mudanças de última hora podem ser frustrantes e estressantes, mas é importante abordar a situação com uma mente clara e uma atitude profissional. Reagir impulsivamente pode prejudicar as negociações e comprometer a relação com a outra parte. Tente compreender a razão por trás da mudança. Se as mudanças não são aceitáveis, esteja preparado para negociar. Esteja disposto a ser flexível e buscar um compromisso. Negociações bem-sucedidas muitas vezes envolvem concessões de ambos os lados.

Start by analyzing how the proposed changes align with your goals. Determine if the new terms support or hinder your key objectives. For example, if timely project completion is critical for you, an extended timeline might pose significant challenges. However, if maintaining a long-term relationship with the other party is a priority, you might find more flexibility in accommodating their needs.

Changing terms of contract at eleventh hour can be little painful, but one has to evaluate the impact of such changes. Before making changes , assess whether such changes are hindrances or deal breakers while implementing such changes. One should understand the implications of such changes and then accept, reject or counter the new terms. Pros and Cons has to be kept in mind before making implementing such changes.

Analise cuidadosamente os novos termos propostos e avalie o impacto que essas mudanças terão no contrato e nas partes envolvidas. Considere aspectos legais, financeiros e operacionais.

First, consider how these changes affect your objectives and the overall value of the contract. Understanding the implications of the proposed changes allows you to decide whether to accept, reject, or counter the new terms. It is essential to carefully weigh the pros and cons before making a decision. For example, if the new terms significantly increase costs or reduce the quality of the product or service offered, this could compromise the viability of the contract. However, if the changes improve efficiency or provide competitive advantages, accepting them could be a strategically smart decision.

During a contract negotiation, there are moments when new terms or changes are presented by the other party. Requesting clarifications is an essential practice that serves several important purposes. First, it ensures that you have a clear and accurate understanding of the proposed changes. Additionally, by asking for clarifications, you gain time to think. Clarifying ambiguous points also shows the other party that you are committed to understanding all the details and finding a mutually beneficial solution. In summary, do not hesitate to ask for clarifications on any new terms that seem ambiguous or unclear during a contract negotiation.

Pergunte à parte interessada o motivo das mudanças e busque entender as razões por trás delas. Isso pode ajudar a identificar se há espaço para negociação ou se as mudanças são realmente necessárias.

An effective response is: “We are prepared to honour the agreement that we have reached thus far. You have now introduced a new issue. We are happy to explore this further with you, however if this issue is now open for negotiation, then everything is now open for renegotiation” You have now removed their incentive to take another bite at the apple.

My first reaction is to stay calm and seek to understand the reasons behind the change. With an open and collaborative posture, I question the reasons that led to the alteration and analyze whether the new conditions are reasonable and feasible. It is important to demonstrate flexibility, but to be firm on issues that are essential to ensuring the contract meets the interests of parties. After understanding the reasons for the change, I seek to evaluate how the new terms impact the initial agreement. By showing a willingness to find a solution that is fair to everyone, it is possible to turn a potential frustration into an opportunity to strengthen the partnership.

Aborde a negociação com uma postura justa e colaborativa. Procure encontrar um equilíbrio que atenda aos interesses de ambas as partes, sem comprometer a integridade do contrato.

After thoroughly evaluating the situation and understanding the impact of the proposed new terms, the crucial moment of negotiation arrives. If, after your assessment, the new terms are unacceptable, it is essential to explain your position clearly and objectively. Remember that negotiation is a two-way street. Be prepared to make concessions where possible, but also remain firm on critical points that are essential for your success and the viability of the contract. One of the main objectives of negotiation is to reach a fair compromise that reflects the value you bring to the table. Additionally, maintain calm and professionalism, even when negotiations become challenging.

The key is to know that a last minute change re-opens the entire negotiation. Prepare what you want to exchange for any issues that your counter-part raises after you have finalized the term sheet.

Esteja preparado para diferentes cenários. Se as mudanças forem inaceitáveis, tenha um plano de contingência para lidar com a situação, seja renegociando outros termos ou considerando alternativas. Importante sempre estar alinhado com a parte que você representa, de o quanto ela está disposta a ceder nas negociações para que você tenha opções de contigência.

Certifique-se de que todas as mudanças acordadas sejam documentadas de forma clara e precisa no contrato. Isso evita mal-entendidos futuros e garante que todas as partes estejam cientes dos novos termos. Adicionalmente, se você for o responsável pelo envio para assinaturas, sugiro que antes do envio, submeta novamente aos responsáveis para validação final.