Here's how you can maintain objectivity and eliminate bias in contract negotiation feedback.

Biases are the major hindrances to understanding different perspectives. One of the major biases that blurs objectivity is confirmation bias. Confirmation bias means that we are so steeped in our opinions that anything we hear we try to argue that it verifies our held opinions. Everything word or sentence we hear is viewed through a set prism.

Around 2 decades ago, when I'd just started leading deal negotiations, one effective preparatory tactic that I used, and then constantly improved upon, was to do a mock "negotiation against myself", wherein I'd list out all the arguments the other side could make. To do this effectively, I first needed to IDENTIFY my own biases/views on the issues concerned, and then think about whether or not they aligned with my client's interests. After this, I'd negotiate against myself and ONLY AFTER THAT, try to prepare arguments FOR my client. Obviously, as I went through more negotiations, I emerged better able to do this exercise, and quicker!

Some years ago I was the opposing counsel in a transaction, we were trying to put together a deal. The lawyer on the other side had a bias for his client's position and kept on saying 'my client this my client that'. This kept putting roadblocks to the transaction as he was not ready to shift any ground. I had to apply the principle of taking the party out of the problem and making them see the problem. That way we were able to remove the roadblock caused by the bias and closed the deal

Recognizing and eliminating one's own bias promotes efficiency and fairness in contractual relations. Motivations for this practice include creating an environment of trust, where all parties feel valued and respected. By eliminating prejudices, decisions are based on facts and merits, not subjective opinions, which results in more balanced and fair solutions. Objectivity improves communication, avoids misunderstandings, and reduces conflicts, speeding up the negotiation process. In addition, impartial feedback demonstrates professionalism and integrity, strengthening relationships and facilitating long-lasting and successful agreements. In short, eliminating bias is a crucial strategy for more efficient and harmonious negotiations.

Firstly, well-defined criteria eliminate ambiguities, ensuring that all parties understand expectations and requirements uniformly. This makes it easier to evaluate proposals fairly and impartially, avoiding subjective interpretations and preventing conflicts. In addition, having specific criteria allows for a faster and more focused analysis, speeding up the decision-making process. Feedback based on objective criteria reinforces trust between the parties, demonstrating professionalism and integrity. In short, clear and concise criteria raise the quality of negotiations, leading to more efficient, fair, and satisfactory agreements for everyone involved.

Using objective criteria like existing data, market analysis, precedence, and expert opinion, can help anchor the negotiations properly and reduce the influence of biases. Additionally, regularly reaffirming the contract's objectives and referencing the established criteria can create a shared framework for decision-making, help keep the negotiations focused, and on track, and increase the likelihood of a successful, mutually beneficial agreement.

Diversity acts as a powerful safeguard against bias by providing checks and balances. For instance, a behavior you find irritating in a counterpart may be tolerable to other team members. This diversity is beneficial as it can lead us away from our biases toward an objective solution or allow others to assume control of the negotiation if necessary.

The diversity of perspectives ensures that all the nuances and aspects of the contract are considered, reducing the risk of individual biases. This group brings a wealth of experience and knowledge that allows potential problems and opportunities to be identified more quickly. Diversity also fosters creativity in resolving conflicts and finding innovative solutions. Aligning feedback with a diverse group ensures that all parties involved feel represented and valued, fostering an environment of collaboration and trust. In short, a diverse group makes negotiations more balanced, fair, and effective.

Absolutely! When multiple stakeholders with different perspectives and biases are involved, it's essential to recognize and discuss biases openly. This collaborative approach helps to create a clear and balanced contract that reflects the parties' shared objectives. Parties can collaboratively, clarify misconceptions, identify potential areas of conflict, address concerns and fears, find common ground and develop a more comprehensive understanding of each other's needs and goals.

Feedback is one of my favorite parts of Project management. We learn from the feedback and suggestions and continue to work Onward and Upward to our main goal of getting the contract clear, concise and SIGNED!

It is indisputable that clear feedback eliminates ambiguity by ensuring that all parties understand expectations and requirements uniformly. This prevents misunderstandings and reduces the risk of conflicts. Effective feedback also speeds up the decision-making process, allowing for quick and precise adjustments. In addition, objective and transparent communication builds trust, demonstrating respect and professionalism. This atmosphere of trust facilitates collaboration and problem-solving. In short, clear and effective feedback makes negotiations more efficient, harmonious, and productive, leading to successful and satisfactory agreements for everyone involved.

Eliminating bias in contract negotiation feedback is essential to ensure a fair and positive relationship between the negotiating parties. Approach the partner with a clear, unbiased perspective; preparing a balanced mindset is crucial for fair negotiation. Rely on data collected and facts to support your stand. Always record negotiation meetings and ensure minutes are duly signed. Periodically review negotiation techniques, and if the current strategy is not working, switch to other techniques immediately. A regular feedback process on both sides will provide opportunities for improvement.

Ongoing education is crucial to your professional toolkit. We are continuously challenged by changing environments, regulations, law, innovative new technology. Not educating continuously affects the offering you bring clients.

Ongoing learning is vital, but it's only half the battle. In my experience, practical application is where the real growth happens. I've found that regular debriefing after negotiations offers invaluable insights. Also, don't underestimate the power of diverse perspectives. Seeking feedback from colleagues across different departments can reveal blind spots in your approach. Lastly, tracking negotiation outcomes over time can unveil patterns and areas for improvement that might otherwise go unnoticed. Remember, objectivity isn't just about knowledge—it's about continuous self-reflection and adaptation.