Sales In The Negotiation

Should Sales sit in the contract negotiation?

Sometimes the Sales person wants to be part of the contract negotiation. You can see their point of view – they have spent months getting the deal over the line, and they don’t want a lawyer coming in at the last minute and effing it up.

But let’s assume the Sales person trusts the lawyer. In those situations, should Sales be part of the contract negotiation?

The short answer is No - Sales is much more useful as a back channel.

In a contract negotiation, a lot of the discussion is a process of discovery. Yes, we know what the other side says they care about, but what do they really care about? Often the only way to find out is to push hard (or resist hard) on a particular point, and see how the other side reacts.

In those situations, Sales can be a back channel to find out how the other side really feels.

And, if you push it too far in the negotiation, you can use Sales as the Good Cop. They can go to the other side with “Yes, that lawyer is OTT. Don’t worry, I will put him/her back in their cage”. Problem averted.

15 April 2025