Contract negotiation is an integral part of the business world, facilitating agreements between parties involved in various transactions. Whether it’s an employment contract, a vendor agreement, or a partnership deal, negotiations serve as the bedrock of successful business relationships. In the media and entertainment industry, contracts act as a legal responsibility However, behind these seemingly innocuous discussions lies potential dangers that can lead to significant consequences if not navigated carefully.
Some risks of contract negotiation can include:
Ambiguity and Misinterpretation: Ambiguous or poorly drafted clauses can lead to differing interpretations, which might trigger disputes in the future. Parties may have conflicting expectations due to vague language, resulting in costly legal battles and strained relationships.
Asymmetrical Information: In many contract negotiations, one party may possess more information or knowledge than the other. This information asymmetry can place one party at a disadvantage, leading to unfavorable terms and conditions.
Time and Resource Constraints: Negotiating a contract can be a time-consuming process, requiring significant effort and resources from both parties. Lengthy negotiations can strain the business operations of involved parties and cause missed opportunities.
These risks can create contract value leakage. Contract value leakage occurs when the expected value of the contract exceeds the actual value during its lifetime. According to the International Association for Contract and Commercial Management (IACCM), companies lose an average of 9% of their earnings due to contract value leakage (Poor Contract Management Costs Companies 9% by Optimum Group). The Media and Entertainment space is valued at around $660B, meaning this would be an average loss of $61B (Media & Entertainment by ITA).
Hiring a legal team can be effective to mitigate contract value leakage. However, it becomes costly for businesses to hire lawyers each time contract negotiation takes place. Seeking out online resources like Kaveat, an AI-driven contract analytics platform, can help companies in the media & entertainment industry successfully navigate the contract negotiation process.
How Kaveat can mitigate these risks
Identify potential risks in contracts: Kaveat’s AI analytics can identify potential risks in contracts, such as clauses that could be harmful to companies in the media and entertainment space, and its clients. This can help agencies avoid making costly mistakes.
Compare contracts to industry benchmarks: Kaveat can compare contracts to industry benchmarks, so that media and entertainment companies can see how their contracts stack up against the market standard. This can help them to negotiate better deals for their clients.
Track the progress of contract negotiations: Kaveat can track the progress of contract negotiations, so that companies can stay on top of the process and make sure that things are moving forward smoothly. This works to minimize time and resource constraints.
Collaborate with clients and other stakeholders: Kaveat can help talent agencies to collaborate with clients and other stakeholders, so that everyone is on the same page and the contract negotiation process can be as smooth as possible. This ensures neither client or business are at a disadvantage during the negotiation cycle.
Contract negotiation is a critical aspect of modern business dealings, enabling parties to establish mutually beneficial arrangements. While it may present various challenges and potential dangers, thorough preparation, clear communication, and a collaborative spirit can help parties navigate the negotiation process successfully. AI-powered contract analytics platforms like Kaveat can help production companies to streamline the contract negotiation process and protect their clients’ interests. By understanding and addressing the risks associated with contract negotiation, M&E companies can safeguard their interests, foster fruitful partnerships, and lay the foundation for long-term success.