Most Negotiated Terms 2026: The conflicts and confusions of the modern negotiator

Contract negotiations continue to focus on the same familiar terms, but are these the terms that matter most to business outcomes?

The Most Negotiated Terms 2026 report, published by the Commerce & Contract Management Institute in collaboration with Sirion, draws on insights from 1,344 professionals to examine the persistent disconnect between negotiation effort, contract performance, and disputes.

The findings reveal that limitation of liability, price, and indemnification remain the most negotiated terms on both the buy-side and sell-side. Yet the terms most closely associated with contract performance and disputes, including scope, delivery and service levels, often receive less attention.

The report also explores the growing influence of artificial intelligence in negotiation. While 56% of respondents report using AI, its application remains largely focused on accelerating existing processes rather than challenging established negotiation practices or improving outcomes.

Discover:

• which contract terms are most negotiated, important and disputed
• how negotiation priorities differ between buyers and sellers
• why traditional risk allocation continues to dominate negotiations
• how AI is influencing negotiation efficiency and outcomes
• practical actions to reduce unnecessary friction and improve contract value

The research challenges organizations to rethink negotiation strategies, strengthen collaboration and focus greater attention on the terms that drive successful commercial relationships.

Download the report to explore the findings and identify opportunities to make contract negotiations more effective and value-focused.