The Negotiation Table
The Negotiation Table I have spent years negotiating on behalf of brands, institutions, and businesses. One of the most underrated skills in drafting a mutual contract is the negotiation of interests. A giver and a receiver do not stand on equal footing. Yet a receiver who fails to represent their best—or close to best—interests is likely to leave the table disappointed. The negotiation table resembles a chess game. I call it the clash of interests. First Rule: The Rule of Exchange Your ability to give must be accompanied by your ability to receive. Energy is exhaustible; balance therefore requires reciprocity. A brand owner seeking a developer has the ability to give monetary value. A developer, in turn, has the ability to give intellectual value. Their skill is their property, and the capacity to think and create is protected by copyright—so they also stand on the giving side. In the same sense, both parties stand on the receiving side. Establishing this recognition creates a w...