Trying to change embedded behaviours is difficult – it’s hard enough in children, never mind adults!
When discussing contracts, do you consider how the terms and processes will affect the users?
Do contracts change behaviours?
Of course, the contract could just represent what the parties already do. But surely that assumes perfection… and we are far from that!? Contracts often attempt to change embedded behaviours but may be unsuccessful because they are not read, or read and immediately shoved in a drawer and forgotten?
Wouldn’t it be better to have a contract which was:
- produced collaboratively?
- based on a full fair and free exchange of perspectives?
- compatible with internal processes and expected behaviours? (all as described by Patrick Aylward, author of The Collaborative Path in a webinar hosted by World Commerce and Contracting)
- so clear that the parties could easily implement the processes?
What should you do?
Do you want to be trusted and trust your contracting partners? If so, consider creating your own suite of contracts based on trust and collaboration.