Use Your Leverage
Employers have more negotiating power than they often realize, but that leverage has a shelf life. Benchmark the contract, establish the standard, put better language on the table, and use competition while alternatives are still available.
Three issues to read first.
6 Weeks To Set The Next 3 Years
The most important negotiating window comes before finalist selection, when the employer still has alternatives and the PBM still has a reason to compete for the business.
READ THE ISSUE →You Can’t Negotiate What You Can’t Compare
Contract benchmarking turns “standard language” into a testable claim and shows employers what peers have already negotiated.
READ THE ISSUE →The Language That Moves the Market
Once you know what good looks like, put the language on the table. Better terms already exist, and employers who know what to ask for are getting them.
READ THE ISSUE →Go deeper on benchmarking, negotiation, and market leverage.
Stop Signing Stupid Contracts
Explicit terms are measurable, auditable, and enforceable. Silence usually benefits the party that already holds the control.
We Scored Mark Cuban’s Contract
A contract scoring above 90 demonstrates that stronger terms are not theoretical and gives employers a real benchmark for the ask.
Built to a Different Standard
Comparative contract data shows how widely terms vary and why accepting the first draft as “standard” gives away leverage.
What Good Looks Like
Negotiating power improves when the employer can define the destination with a measurable standard.
Mutually Acceptable Audit Rights
A real contract example demonstrates how materially a provision can improve when someone insists on changing the language.
Found a Better Deal? Your Contract Says No.
Alternatives create leverage only if the agreement preserves your ability to use them.
Looking for something specific?
Search The Middleman’s Cut by topic, company, contract term, or issue.