Business Relationship by Design

Almost every external facing business relationship requires activation in the form of a negotiation and a contract.. When I see good deals stall on small details it is usually because the discussions were initiated on a poor foundation. Getting the 'big picture' correct before getting involved in the negotiation and contract details is critical: Is this a win-win for both sides? How will healthy, normal communications take place during the execution period of the contract? What will happen when dissatisfaction, mistrust, or irrationality steps into the relationship?
This last question is rarely considered at the 'design stage' but it should be. Far too many contracts amplify the smallest conflicts by giving enforcement powers and ultimatums to one side or another. Look at the default terms and conditions from a big company like BMW and imagine that one or both sides are dissatisfied. The lawyers usually have ensured that there are lots of 'sharp sticks' and other weapons because they want to have a good foundation for a lawsuit. Courtrooms are "the nuclear option" where there are no winners or losers; there are only losers and bigger losers at the end of any court case. For this reason it is important that business people include a soft conflict resolution processes that will reduce tensions and that all 'nuclear options' in the contract have safety devices lest they be used too quickly. Continue reading...



