Bargaining Methods and New Forms of Agreements: A Guide for Business Owners

Bargaining is the process of negotiating a mutually beneficial agreement between two parties. It is a crucial skill in the world of business, as it allows businesses to settle disputes, establish contracts, and create partnerships. However, with the advancement of technology and globalization, bargaining methods have evolved, and new forms of agreements have emerged.

In this article, we will discuss the traditional bargaining methods and explore the new forms of agreements that businesses can use to their advantage.

Traditional Bargaining Methods

1. Distributive Bargaining

Distributive bargaining, also known as zero-sum bargaining, is the most common bargaining method. It involves two parties negotiating the distribution of a finite resource, such as money, time, or goods. The goal of this bargaining method is to maximize the resources for one party while minimizing the resources for the other.

2. Integrative Bargaining

Integrative bargaining is a collaborative bargaining method that focuses on creating a win-win situation for both parties. It involves identifying common interests and creating a mutually beneficial agreement that satisfies both parties. This method is preferable for long-term partnerships and relationships.

3. Compromise

Compromise is a bargaining method that involves both parties making concessions to reach an agreement. It is suitable for situations where both parties have mutually exclusive goals and need to find a middle ground to reach an agreement.

New Forms of Agreements

1. Service Level Agreements (SLAs)

Service level agreements are contracts that define the expectations and responsibilities of the service provider and the customer. They are used in the IT industry to ensure the quality of services provided, such as uptime, response time, and availability. SLAs are crucial for businesses that rely on technology to operate.

2. Memorandum of Understanding (MOU)

A memorandum of understanding is a non-binding agreement between two or more parties that outlines the intentions and responsibilities of each party. MOUs are often used to establish partnerships, collaborations, and joint ventures. They are used to clarify the scope of work, timelines, and responsibilities of each party.

3. Master Service Agreements (MSAs)

Master service agreements are contracts that outline the terms and conditions of a long-term business relationship between two parties. They are used to establish a framework for future agreements and provide a consistent approach to future negotiations. MSAs are used in industries such as construction, engineering, and IT services.

Conclusion

Bargaining methods and new forms of agreements are crucial for businesses that want to establish long-term partnerships and create mutually beneficial agreements. Every business owner should be familiar with the traditional bargaining methods and explore new forms of agreements to find the best fit for their business needs. Whether it is a service level agreement, memorandum of understanding, or a master service agreement, the key is to understand the expectations and responsibilities of each party and establish clear guidelines for future negotiations.