When negotiating a contract, the ability to secure favorable terms often comes down to one crucial factor: leverage. Leverage is the advantage or power one party has over another, and it can shape the outcome of any negotiation. Whether you’re dealing with suppliers, clients, or partners, understanding how to build and use leverage is essential for getting better contract terms that work in your favor.
In this article, we’ll break down how you can identify, create, and use leverage to negotiate stronger contracts. From market positioning to alternatives, these strategies will help you gain the upper hand and come away with agreements that protect your interests and support your business goals.
Before entering any negotiation, it’s important to recognize what leverage you already have. Leverage can come from various sources, such as your market position, the other party’s needs, or the alternatives you have available. The key is to understand where your strengths lie and how you can use them to your advantage.
Demand for Your Product or Service: If you offer something the other party cannot easily replace, you hold significant leverage. For example, if your product is unique or your services have a proven track record, the other side is more likely to accept your terms.
Market Reputation: A strong reputation or established brand can be a major source of leverage. If the other party wants to associate with your brand for credibility or exposure, they may be willing to agree to more favorable terms to secure the partnership.
The Other Party’s Urgency: Timing can also create leverage. If the other side is under pressure to finalize the deal—whether due to an approaching deadline, a competitor, or a limited window of opportunity—you can use that urgency to negotiate better terms.
Once you’ve identified where your leverage lies, bring it into the negotiation conversation subtly but confidently. Emphasize the value you bring and how it aligns with the other party’s needs. This sets the stage for negotiating from a position of strength.
Your BATNA is a crucial part of any negotiation, and having a strong one gives you significant leverage. A BATNA is essentially your backup plan if the current negotiation falls through. The better your alternative options, the less dependent you are on reaching a deal, which naturally gives you more negotiating power.
Explore Other Options: Before negotiating, take the time to explore alternative partners, suppliers, or clients. If you have multiple options, you can afford to walk away from an unfavorable deal, putting pressure on the other party to meet your terms.
Create Competition: If possible, create competition among potential partners by letting them know you’re considering other offers. This increases the perceived value of working with you and encourages the other side to offer better terms to secure the deal.
During the negotiation, avoid directly threatening to walk away, but subtly hint that you have strong alternatives. For example, you can mention how other vendors or clients have been interested in working with you. This increases the other party’s desire to close the deal on your terms, knowing you have viable options elsewhere.
Information is one of the most powerful forms of leverage. The more you know about the other party’s situation, needs, and motivations, the better positioned you are to negotiate terms that benefit you. Timing is also crucial in leveraging information to get better contract terms.
Understand the Other Party’s Needs: Do your research to understand the other side’s goals, pressures, and constraints. Knowing what they value most allows you to frame your terms in a way that addresses their priorities while still benefiting you.
Ask Open-Ended Questions: During discussions, ask questions that prompt the other side to reveal information about their needs, deadlines, or limits. For example, “What are your top priorities in this deal?” or “How soon are you looking to close?”
Use Deadlines to Your Advantage: If the other party has a deadline to meet, you can use that urgency as leverage to push for better terms. They may be more willing to compromise if they’re running out of time.
Incorporate the information you’ve gathered into your negotiation strategy. For example, if you know they need the deal finalized quickly, offer to meet their timeline in exchange for better pricing or more favorable terms.
Perception plays a huge role in negotiations, and positioning yourself as a valuable partner can give you significant leverage. If the other party sees your product, service, or business as critical to their success, they’re more likely to agree to terms that benefit you. The key is to build a narrative that emphasizes your unique value.
Highlight Your Expertise: Position yourself as an expert in your field. Share case studies, testimonials, or success stories that demonstrate how your product or service can provide value to the other party.
Show Your Uniqueness: If you offer something that differentiates you from competitors—whether it’s superior quality, innovation, or better customer service—make sure the other party understands why your offering is irreplaceable.
Quantify the Benefits: Use data and numbers to demonstrate the tangible benefits of working with you. For example, if you’ve helped similar clients increase their revenue by a certain percentage, share those results to show your value.
Frame the conversation around the value you bring to the table. For example, you can say, “Given the level of expertise we’re bringing to this project and the potential ROI for your business, we believe these terms are fair.” This positions your offer as a win for both parties.
Sometimes, having an external party vouch for you can create leverage in a negotiation. Third-party endorsements, testimonials, or even mutual contacts can help persuade the other party to agree to more favorable terms. If the other side sees that you have support or backing from a credible source, it strengthens your position.
Leverage Testimonials: Share testimonials or references from satisfied clients, especially those in the same industry or with similar needs. This provides social proof that your offering delivers results.
Use Mutual Contacts: If you have a mutual business contact who holds influence, see if they can put in a good word for you. This added validation can sway the other party in your favor.
Involve Industry Experts: If you have access to industry experts or advisors who can lend credibility to your position, use their endorsement as leverage. For example, an industry expert who praises your product’s quality can make the other side more confident in agreeing to your terms.
Subtly reference your third-party endorsements during the negotiation to strengthen your case. For example, “Our client XYZ, who is also in your industry, found great success with our solution, which is why we believe these terms will work for you as well.”
Securing better contract terms often comes down to how well you can use leverage in negotiations. By identifying your sources of leverage, strengthening your alternatives, using information and timing strategically, creating a perception of value, and leveraging third-party influence, you can position yourself to get the terms you want while maintaining a strong working relationship with the other party.
Effective negotiation is about understanding your power, recognizing opportunities, and confidently using them to your advantage. For more tips on mastering negotiation and contract management, explore our e-books and online courses tailored to entrepreneurs looking to build stronger, more profitable business agreements.