Funny you might ask! The International Association for Contract and Commercial Management (IACCM) suggest negotiations are out of step with business needs. Further, negotiators themselves believe they are negotiating the wrong things.
What were the top 5 issues being negotiated in 2008? Well, the IACCM found they were:
1. Limitation of liability
2. Indemnification
3. Price/Charge/Price Changes
4. Intellectual Property
5. Confidential Information/Data Protection
What do the IACCM think will be the top 5 in the future?
1. Scope and Goals
2. Change Management
3. Responsibilities of the Parties
4. Communications and Reporting
5. Service Levels and Warranties
I find this fascinating - is it just me or isn't the future the very sorts of things that NEC has strived to offer the parties for a very long time? The move away from traditional buyer/seller, master/servant relationships/contracts can only be a good thing. Imagine parties focusing on scope and goals, presumably of each other, what a difference that would finally make to outcomes!
Their report is somewhat out of date (2009, link below) representing negotiations in 2008 and the world is a different place right now, but is still very interesting. I will try and get an update and report back.
http://www.iaccm.com/contractingexcellence.php?storyid=923
The future is already here with NEC!
Rob
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As an update, Tim Cummins of IACCM has kindly forwarded a link of the 2010 Report, with fairly similar findings:
ReplyDeletehttp://iaccm.com/contractingexcellence.php?id=98