Comment pouvez-vous résoudre les problèmes de manière créative lors de la négociation de contrats ?

Ao se deparar com demandas inconciliáveis, negociadores habilidosos percebem que é preciso dar um passo atrás na discussão simplista “quero isso/quero aquilo”, e mergulhar de forma mais profunda em qual seria o real problema a ser resolvido. Talvez nem seja uma questão objetiva, mas uma necessidade humana como se sentir ouvido, ser respeitado ou ter autonomia para tomar uma decisão. Essa descoberta pode ser feita através de perguntas abertas.

Understanding each part of a problem is key. 🔍 Seek Missing Facts: Often, problems stem from a lack of understanding or missing information. 📊 Visualize the Situation: Diagraming complex facts and relationships can clarify the relationships and reveal hidden issues. 🧩 Understand Relationships: Once you have a clear understanding of how all the parties and their rights interconnect you can often see the problem. 🕵️ Invest Time: Thorough analysis is essential for creative problem-solving.

Creative problem-solving in contract negotiation involves leveraging diverse perspectives and employing design thinking. Start with a clear definition of the problem, then brainstorm with your team, stakeholders, or even customers for innovative solutions. Use visual thinking tools like mind maps or flowcharts to explore the connections between different ideas. Role-playing and simulations can also provide fresh insights into the negotiation process. Remember, the key is to foster an open environment where unconventional ideas are welcomed and explored. This approach not only solves the immediate issue but can also lead to improvements in the negotiation process itself.

I agree absolutely with this position . Its called understanding the scope of the task, otherwise you will just be rambling without actually solving no problem in particular.

Identifying issues or problems would be essential, especially in the early stage of contract negotiation. Identifying and assessing what, how, when and why potential problems may arise will help to clarify issues and plan for options, alternatives, solutions and/or means of risk mitigation. Defining problems and discussing with stakeholders and relevant parties in a strategic manner will help to reduce risks and misunderstanding; and potentially resolve issues.

After mapping out the relationships and structure of a deal: 🧠 Diagram and Detach: Step back and do something else. Let your mind work on the problem in the background. ⏰ Time Helps: Often when you come back, you will have new and better ideas. 💡 Spontaneous Insights: Allowing your subconscious to work on the problem can lead to innovative alternatives. 🔍 Revisit: When you return to your research and diagrams you may see things differently or find solutions that were previously hidden.

This involves deep and intelligent researching , by looking it precedents and deep understanding of how similar issues where have been dealt with and the developments since then and tailor it to the case in study.

Quando adicionamos mais itens à negociação, geramos mais moedas de troca. Isso facilita a criação de valor, através de trocas inteligentes (que custem pouco para um e gerem alto benefício para o outro).

After identifying problems, collection of information from internal and external sources and/or relevant parties for further analysis (eg. SWOT analysis of strength, weakness, threat and opportunities; costs and benefit analysis) may help to generate ideas and options for further feasibility analysis from different perspectives (eg. financial, operations, timing, regulatory, resources etc). The list of alternatives or options may be further evaluated with quantitative analysis and quality consideration, with risk management analysis, if applicable or necessary.

Patience and perspective are essential for the final reveal. 🕒 Build Time into the Process: Start your research early. Allowing ample time reduces pressure and fosters creativity. 🧘 Step Back: Taking a break from the negotiation details can clear your mind, making it easier to evaluate options upon return. 🤔 Subconscious Selection: Often, your mind subconsciously gravitates towards stronger options. This intuitive understanding emerges more clearly after a pause. 🔎 Reassess with a Relaxed Mind: Returning to the negotiation with a relaxed mindset enables a more effective evaluation.

This is also correct . At this stage however it is very important to understand the problems the task seeks to achieve and the ills it seeks to cure , the objective(s) of the task. Usually it is the desire of th

After identifying potential alternatives/options for problem solving, further due diligence, assessment and analysis will be beneficial eg. SWOT analysis for evaluation of strength, weakness, threat or opportunities; feasibility analysis; cost-benefit analysis; timing; risk impact and cost considerations. After comparing and ranking the alternatives, then further discussion and negotiation with the other internal and external stakeholders, with the objective to decide and mutually agree on the option as solution for problem solving.

If you are satisfied that you have identified each possible solution, you need to examine one more alternative: the decision to walk away. If you are satisfied that there are no paths to a resolution acceptable from your perspective, advise the other party and explain your reasons. This may lead the other side to bend on some of its demands or to devise a new deal structure which will work for both sides. If it doesn’t, be prepared to cordially part ways. In most cases, no deal is better than a bad deal.

For contract negotiation: After identifying and selecting a solution; and alignment with internal stakeholders on such solution (where applicable), it is necessary to communicate with the other party with the objective of mutual consent. Preparation to explain the benefits and rationale of such proposed solution, and effective communication of such proposal in a professional manner would help the other party to better understand such proposal. The ability to address objections with further explanation, persuasion and negotiation will be helpful for: a) dealing with any concern; and b) seeking mutual consent on the terms and conditions of the draft agreement during the negotiation process, for win-win situation for all relevant parties.

Once the parties agree orally on a solution, the next steps may include : a) drafting the appropriate clauses or making amendments to the draft agreement such that the intended solution will be incorporated into the terms and conditions of the relevant agreement; b) circulating the revised or updated draft agreement to relevant parties for review, and comments; c) further addressing any questions - with the objective of having an agreement that will be mutually acceptable by all parties.

Learning is a continuous process for improving problem-solving skills and experience: - reflect on lessons learned - remember what works and how problems are solved under different circumstances - analysis of what contributed to success and/or problem-solving - know strength and weaknesses - consider and assess feedback - aim for improvement

Have a firm understanding of what your client wants from the beginning. Anticipate favourable terms for the other party and countenance them in your draft (if you're the one drafting) Anticipate the issues they will raise and have a measure of predetermined answers to their concerns and would-be queries. Be willing to point out areas you will concede for amendments and areas you can't, as it will defeat the entire purport of the contract your client wishes to execute and the goals to achieve. Be open minded and learn other perspectives. Avoid being domineering and dominating in the negotiation discussion. You never lose, being diplomatic, understanding and honest.

From my experience, when a clause proposed by one party is not acceptable to another party, further proposing revised clause(s) which fine-tune the existing draft terms may help to strike a balance and potentially gain mutual consent of the parties. Thinking about the benefits of the contract may help to stay focused on proposing options and alternatives for problem solving. Contract negotiation may take a number of rounds of discussions; therefore, resilience and making further suggestions (when necessary or appropriate) for problem solving during the process would be helpful to resolve issues

Very often, solutions are blocked by a rigid perspective on both sides, making movement difficult to impossible. Two things that can help shaking things up can be a) find a trusted third party to resolve questions of fact and verify where everybody is at, so you don't have to waste time on iterations of repeated statements, where one party sees things one way and the other another, and b) If you have a facilitator, you can try, just for giggles, to have each party represent the other side. That takes a bit of goodwill, but helps with shifting perspective and generating insights to where a solution might lie.

Understanding the T's & C's off the said contract is important. Making sure the contract terms are favourable and less stringent as well