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How To Improve Your Negotiating Skills
Negotiation will be an important area for every homebased business owner, especially in lease purchasing. Whether you're dealing with suppliers, employees, or prospective clients, you're negotiating. The following tips will help you to negotiate...
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Protect Your Business With Non-Disclosure Agreements
Every business should protect proprietary information when dealing with independent contractors, vendors and other businesses. The best way to do this is to use a non-disclosure agreement, often referred to as an “NDA.”
What is an NDA?
An NDA is an agreement between two parties to protect confidential information disclosed in a business transaction. The proprietary information can include business methods, finances, client lists, and anything that isn’t already readily available in the public arena. If a party subsequently breaches the NDA, the injured party can sue for damages, an injunction against further disclosure and attorney’s fees.
Directional NDA
In many situations, only one party requires the protection provided by an NDA. If you invent a new product, you are going to need an NDA from manufacturers, distributors, etc., before you discuss the product with them. While this may seem like common sense, most businesses fail to carry the thought through to their daily activities.
Practically every business hires independent contractors, but they rarely obtain NDAs prior to disclosing information to the contractors. For example, do you use third parties to create or maintain your websites? Did you obtain NDAs from any of them? If not, what’s to keep that party from using your business methods on other sites? A directional NDA can keep this from occurring.
Mutual NDA
As the name suggest, a mutual NDA allows two parties to protect confidential information. The mutual NDA is typically used when two businesses are negotiating a joint venture. Each party must disclose enough information to make the negotiations viable, but neither
wants that information made public if the negotiations fail. If negotiations go well, additional non-disclosure information will be incorporated into the joint venture agreement to protect additional information revealed during the joint venture.
Refusing to Sign an NDA
Alarms and warning lights should go off if a party refuses to sign your NDA. Unless they can provide a very compelling reason for the refusal, you should walk away from the business relationship.
When An NDA isn’t really an NDA
Just because a document is titled, “Non-Disclosure Agreement”, does not mean it provides you with protection. You should ALWAYS read the language of an NDA because the document may establish that you are WAIVING all confidentiality rights. The waiver might be very direct and read something like, “The disclosure of information pursuant to this Agreement shall not be considered confidential.” Alternatively, the language may be more indirect and read, “The parties acknowledge and agree that all information exchanged pursuant to this agreement has previously been established in public forums.” Regardless, the “reverse NDAs” strip you of protection and should not be signed.
Obtaining non-disclosure agreements should be a standard practice for your business. Don’t exposure your proprietary business secrets to others without this protection.
About the Author
Richard A. Chapo is with SanDiegoBusinessLawFirm.com - This article is for information purposes only. Nothing in this article is intended to address the reader’s specific situation nor does it create an attorney-client relationship.
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| Negotiation - Wikipedia, the free encyclopedia |
| The first step in negotiation is to determine whether the situation is in fact a negotiation ... The book's approach, referred to as Principled Negotiation, ... |
| en.wikipedia.org |
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| Program on Negotiation at Harvard Law School |
| Negotiation training, research, and publications from the world's foremost authority on negotiation and dispute resolution. |
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| PON: Harvard Negotiations Project |
| Please visit the Harvard Negotiation Project website for complete information and ... The Harvard Negotiation Project's mission is to improve the theory, ... |
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| The Negotiation Skills Company, Inc. |
| www.negotiationskills.com/ - 3k - Cached - Similar pages |
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| Global Trade Negotiations Home Page |
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| Principled Negotiation |
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| Salary Negotiation and Job Offer Tutorial |
| Job-seekers: Learn the basics (and advanced techniques) of the art and strategy of salary negotiation (getting the salary you want) in this tutorial. |
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| Salary Negotiation and Job Offer Tutorial -- Map of the Tutorial |
| Site map to an expert (and free) tutorial on the art and strategy of salary and job offer negotiation. A guide to assist every job-seeker with salaries. |
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| This article and free worksheet help you negotiate fair compromises with people whose goodwill you need. It highlights the importance of good negotiation ... |
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| JobStar--Salary Negotiation Strategies |
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| Negotiation Articles |
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| PON Clearinghouse |
| Welcome to the Program on Negotiation Clearinghouse, a resource center for people interested in learning and teaching about negotiation and alternative ... |
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| :: Negotiations Affairs Department :: |
| Information on the issues, history, developments and positions regarding Palestinian-Israeli peace negotiations. |
| www.nad-plo.org |
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