What are the best problem-solving techniques for contract negotiation?

1 Identify the problem

The first step in problem-solving negotiation is to define the problem clearly and accurately. This means understanding the needs, interests, and concerns of both parties, as well as the constraints and opportunities of the situation. You can use open-ended questions, active listening, and paraphrasing to elicit and confirm information from the other party. You can also use tools such as SWOT analysis, fishbone diagrams, or mind maps to organize and visualize the problem.

2 Generate options

The next step is to brainstorm possible solutions that can address the problem and meet the interests of both parties. You can use techniques such as lateral thinking, brainstorming, or the six thinking hats to generate a wide range of options without judging or evaluating them. You can also use criteria such as feasibility, acceptability, or effectiveness to filter and prioritize the options. The goal is to create a list of potential solutions that can be further explored and negotiated.

3 Evaluate alternatives

The final step is to compare and select the best option that can solve the problem and create value for both parties. You can use techniques such as cost-benefit analysis, pros and cons, or decision matrices to assess the advantages and disadvantages of each option. You can also use techniques such as BATNA, WATNA, or ZOPA to determine your best alternative, worst alternative, and zone of possible agreement. The goal is to reach a win-win outcome that maximizes the benefits and minimizes the costs for both parties.

4 Adapt your style

Problem-solving negotiation is not a one-size-fits-all approach. You may need to adapt your style and preferences depending on the situation, the relationship, and the personality of the other party. For example, you may need to be more assertive, cooperative, or flexible depending on the level of conflict, trust, or interdependence. You may also need to be more analytical, intuitive, or creative depending on the complexity, ambiguity, or novelty of the problem.

5 Communicate effectively

Problem-solving negotiation requires effective communication skills that can help you convey your message, understand the other party, and resolve any misunderstandings or disagreements. You can use skills such as rapport building, empathy, persuasion, or feedback to establish a positive and constructive tone, express your emotions and opinions, influence the other party, and receive and give constructive criticism. You can also use skills such as framing, reframing, or summarizing to present your options, restate the problem, or highlight the main points.

6 Learn from the experience

Problem-solving negotiation is also a learning opportunity that can help you improve your skills, knowledge, and relationships. You can use skills such as reflection, evaluation, or feedback to review the process, the outcome, and the feedback from the other party. You can also use skills such as action planning, goal setting, or follow-up to implement the agreed solution, monitor the progress, and address any issues or changes. The goal is to learn from the experience and apply the lessons to future negotiations.

7 Here’s what else to consider

This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?