How do you communicate with your partners during a contract dispute process?

Drawing from personal experiences, I've found that adopting a proactive and transparent approach is key. Start by initiating open and honest discussions with the partners involved. Clearly communicate your concerns, the issues at hand, and your desired outcomes. Listen actively to their perspectives and seek to understand their concerns and motivations. Maintain professionalism and civility throughout the communication process, avoiding confrontational or accusatory language. Focus on finding common ground and working collaboratively towards a mutually beneficial solution.

Communicating requires listening, and subsequently understanding their point of view whether you agree with it or not. When you are on opposite sides of an argument it’s easy to get so entrenched in communicating your point of view that you run right over the problem from the partner’s perspective. Taking the time to listen to their perspective and then sharing a fact/evidence based response that demonstrates an understanding of their side, empathy for the situation, and bridges their perspective back to what you need it to be (recognizing that the communicator may not be empowered to do anything other than hold to the language in the contract being enforced) can go a long way to helping preserve the relationship while resolving the issue.

I believe, before engaging legal, we must understand the issue the partner is facing. It is often far easier to resolve this issue in a commercial manner since adopting a legal approach is long drawn and contentious.

In my experience, what causes tension in a contract dispute is often what’s not being said. Before jumping into discussions, it’s important to figure out the root cause. Is it a misunderstanding, a shift in priorities, or something that hasn't been voiced? Sure, the contract terms matter, but so do the emotions and expectations behind them. Pay attention to what’s not being said. By understanding those underlying issues, you can cut through the noise and have a more productive conversation that gets to the heart of the matter.

I have always told my team to stick to the facts. Find them, look for them, document them. When you stick to the facts, you take emotion out of it. When you take emotion out of it, it makes conversations easier, even when they can be perceived as difficult.

Document all communication and agreements reached during the dispute resolution process to ensure clarity and accountability. Use written correspondence such as emails or formal letters to confirm decisions, timelines, and any agreed-upon actions. Consider involving neutral third parties, such as mediators or legal advisors, if the dispute escalates or requires specialized expertise. These professionals can facilitate constructive dialogue and help navigate complex legal aspects of the dispute.

There are a few factors when choosing your mode of communication. First, how long have you been in the partnership, is this the first of fifth dispute? And, what is the impact of the dispute, could the results be material for either organization? If negative results could impact a material outcome for your partner - Show up in person. If the relationship is relatively new and has not formed a strong trust level - Show up in person. Over indexing on communication and face to face interactions builds trust and reflects commitment to the loyalty of the partnership. Even though this can often come at a cost, if you think in financial terms and amortize that cost over the lifespan of the relationship. It is worth it.

Dependendo da complexidade e urgência da quest?o, você pode optar por se comunicar por e-mail, telefone, videoconferência ou reuni?o presencial. Escolha um canal que permita que a comunica??o seja a mais clara. Vocabulário simples e abolir termos extremamente técnicos ajuda no entendimento mútuo e a resolu??o do conflito.

Utilize communication channels conducive to open dialogue, such as face-to-face meetings or video calls, fostering transparent exchanges.

Empathy is probably the biggest factor that will swing the balance. BEside respectful and professional behavior (which are no brainers), conversations move a lot smoother, if you display empathy for the other side and acknowledge that this is not the best situation for either of you. You need to work together to resolve the issue to enable each of you to get past it. Just that approach makes it about two people trying to solve a knotty issue together and not fighting each other.

The tone is probably the one of the critical factors that will determine the future of the dispute; will the stakeholders act to find a solution or will it turn into a blame game? When things go south, it is possible the first instinct might be to taking responsibility for someone's mistake or avoiding to be thrown under the bus. Therefore, during a contract dispute partners might go into the war mode very quickly. So here some steps you might consider: 1- State the cause of the dispute without mentioning any names 2- Simply tell that it is a problem that requires resolving 3- Lay out the facts and don't point fingers yet 4- Control your tone and body language 5- Avoid bringing emotions 6- Imply that you are in control of the situation

Uphold professionalism by actively listening to partners' concerns, refraining from personal attacks, and promoting constructive dialogue.

Maintain a respectful tone in all communications, aiming for clarity and professionalism. Use formal communication channels to ensure a record of discussions, focusing on problem-solving rather than placing blame. This approach helps preserve relationships and sets a constructive tone for negotiation.

Respecting my partners has always been a cornerstone of how I communicate. This goes a long way when things get difficult during contract negotiations. Grounding everyone in our shared goals and focusing on positive student outcomes ones have been a useful approach to get our MOUs signed. Like any organization we have flexibility in some aspects of our agreements and we also have non negotiable terms as well. Grounding partners in the idea of shared goals and mutual respect working towards the same outcome has been effective.

Emphasize mutual benefits and the importance of maintaining a positive partnership. Negotiate with the aim of finding a resolution that addresses the core concerns of all parties, and be open to compromise. Highlight the long-term advantages of amicably resolving the dispute to strengthen future cooperation.

Foster a collaborative environment to identify common ground and explore mutually beneficial solutions, promoting partnership sustainability.

Follow-up and Documentation After addressing the dispute, it is crucial to follow up and document the communication and resolution. Send a detailed summary outlining the main points discussed, the agreed-upon solutions, and the subsequent steps to your partner. Ensure they acknowledge and accept the resolution. Express gratitude for their cooperation and partnership. Keep diligent records of all communication and evidence related to the dispute. Update contract terms or partner agreements as needed based on the resolution. Monitor the implementation of solutions and evaluate their impact on the partnership.

Maintain meticulous documentation of all discussions and agreements, ensuring clarity, accountability, and a basis for future reference.

Regularly update stakeholders within your organization on the progress of the dispute resolution efforts. Provide clear and transparent updates on the status, challenges faced, and potential outcomes. By maintaining open lines of communication, seeking mutual understanding, and leveraging external support when needed, you can effectively manage contract disputes with partners

Consider external factors such as legal obligations or industry standards, integrating them into resolution strategies for comprehensive outcomes.