Six Objectives When Negotiating Contracts

In working with clients, contracts are necessary. Instead of looking at contracts from a negative light, you can look at them from a different perspective, a perspective of clarification and success for both parties.

The successful professional should always employ basic strategies when negotiating a contract with clients in order to achieve six major objectives:

1. avoidance of misunderstanding and clarification, 
2. maintenance of working independence and freedom to perform the work,
3. assurance of work and not giving away your expertise free of charge,
4. assurance of payment since you are not a bank,
5. avoidance of liability since you are human and do make honest errors as well as there are some things that are just beyond your control, and
6. prevention of litigation.

The purpose and meaning of the word “strategy” as it is used here is not to mislead the client or to be devious with him. Instead, a strategy is about how to assure both parties that these six goals, which are in your mutual interest, will be reached.

When working with clients, the biggest problem comes about from "soft" things, usually misunderstanding, missed expectations, and a differing of opinions. Your ability to define as much as you possibly can without approaching this from a blame-game perspective, the better off you will be. It’s always best to get everything you can on the table regarding your understanding, the client’s understanding, the objectives of the project, your approach to the project versus how the client wants you to approach the project, and making sure that the opinions of all parties involved have been voiced and addressed, is important but difficult to always achieve

Consultants' Conflict - When To Avoid Conflicts and Addressing Problems

Whenever we deal with people there will be conflict. No one is perfect and no matter how "rational" business is supposed to be, it is very emotional. Why? Because we pore our heart and souls into our work. And anyone who tells you otherwise is not in touch with reality or someone you don't want on your team or working for you.

There are many times when you want to avoid conflict. And they deal with your emotions and the other party's emotions. You never want to sweep conflict under the rug. You have to address it. And the rule of thumb is; to address sooner, rather than later.

So when do you avoid conflict? Here are some guidelines:

1. When you are pissed off. Goes without saying doesn't it? But this is usually when we hit conflicts head on. This absolutely the wrong time to do this however, and we all know it.
   
2. When we have had little sleep. Our jobs sometimes require us to be up late at night and early in the morning. But sleep deprivation is a huge issue today and it makes us do things we normally would not do. In fact, it is directly related to #1 above. Little sleep, allows us to slip into anger very quickly.
   
3. When there are multiple parties in the room. Depending on the situation, the rule of thumb should be to take it off line. This allows you the ability to be direct and not look like you are showing off for the others in the room.
   
4. When you are not prepared. Preparation not to allow the conversation to get into a "he said, she said" situation. Preparation means having the facts, and having a game plan to disengage.
   
5. When the other party is any of the above. Give them notice. Allow them to prepare too. This is not a "I win" and "I take the spoils" discussion. Know your aim. What do you want to have happen? What is your goal? Give the other party a chance to talk and defend and explain. Be open. Your perception can be totally off base. Preparation is the key for this.
   
6. Over email. Never address things over email. Email sucks.
   
7. Without consideration of the question; "How important is this?" Go after big things. Little things can be secondary.
   

Conflict avoidance is not conducive to a good working environment. But there are some people who stink at addressing conflict and see it as an emotional affront to their professionalism. In fact, some people may hide behind a statement of "this is unprofessional" which is usually a cloak to hide behind and not wanting to address the real issue whereby they do have something to hide.

Consultants - Client Conflicts - Deal With Them Immediately

No matter what the project, there will always be a client conflict. It may be unstated, but somewhere a long the line, you will run into a problem. It can be a minor issue, or a major issue. And almost invariably, the problem will take a turn toward a human conflict.

In all conflicts, deal with them immediately and unemotionally. Deal with them as you perceive it, and state it as such. Say, "It is my perception that this is a problem." Try not to make it personal. Try to leave room for the person to save face. Taking responsibility for the problem by stating it as "your perception" may deflate the conflict and allow for a discussion.

State clearly the ramifications of the problem and how it impacts business. Carefully consider doing this even if the problems were all or partially the client's doings , but remember the customer is always right.

Again, you will reinforce professionalism by hitting it head-on and unemotionally. It will show that you are interested in doing the job right. It will show that it is not just about making money for you. And that you give clients more than their money's worth.