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Last updated on 2024年6月18日

What do you do if creativity is lacking in virtual contract negotiations?

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Navigating virtual contract negotiations can often feel like a maze without an exit, especially when creativity seems to have left the chat. You might find yourself stuck in a cycle of back-and-forth that lacks innovation and fails to break new ground in terms of agreement. But don't worry, there are strategies to reignite that creative spark, even through a screen. By employing a mix of communication techniques, technology tools, and psychological tactics, you can transform a stagnant negotiation into a dynamic exchange of ideas that benefits all parties involved.

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1 Engage Early

Initiating dialogue well before the actual negotiation can set a positive tone and encourage creativity. Reach out to the other party with a friendly message to express excitement about the potential partnership . This early engagement helps build rapport and can make it easier to introduce creative ideas when negotiations officially begin. By establishing a connection in advance, you signal that you're open to innovative solutions and collaborative problem-solving, which can inspire the same mindset in your counterparts.

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Wendy M.

Senior Legal Counsel, EMBA
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Engage early have the benefits of conveying message of positive initiative; potentially creating potential collaboration; and enabling less stressful environment with time for mutual dialogue before further negotiation. ??more time to learn about each other for further planning or fine-tuning of strategies ??good timing allows more opportunities for positive interaction and communication ??effective time management relating to various projects ??efforts for building rapport from early stage help to lay foundation for collaboration and potential creative solutions with synergism

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2 Virtual Icebreakers

To spark creativity, consider starting your virtual negotiation with an icebreaker . This could be a simple game or a thought-provoking question related to the contract's subject matter. An icebreaker helps to relax all parties and can lead to a more open dialogue. It's an opportunity to see things from a different perspective and encourages everyone to think outside the proverbial box. Moreover, it sets a collaborative tone, indicating that the negotiation is a joint effort rather than a confrontation.

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3 Visual Aids

Visual aids can be incredibly effective in virtual negotiations. They help clarify complex ideas and can stimulate creative thinking. Use diagrams, flowcharts, or slides to illustrate points and explore options that might not be as clear through words alone. This not only aids understanding but can also reveal new possibilities for agreement that weren't initially apparent. Visuals serve as a common language, bridging gaps and fostering innovation in the negotiation process.

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Wendy M.

Senior Legal Counsel, EMBA
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Visual aids can help to explain thoughts, ideas and relevant terms of draft contracts more effectively and clearly, thus potentially beneficial for clearing obstacles or objections. Examples of some visual aid may include: ??sharing of relevant screen in virtual meeting ??showing the relevant point or terms in the screen for enabling the audience to read the relevant words and sentences, to facilitate coming to consensus ??using color charts, diagrams to display data analysis for engaging the audience ??supplementing oral discussion with the aid of written messages for clarity and/or links to other content, where appropriate ??discussing revisions to draft contract - tracked changes shown on screen for clarity

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4 Breakout Sessions

Sometimes creativity is stifled when too many voices are trying to speak at once. Utilize breakout sessions to allow smaller groups to discuss and brainstorm ideas independently. These sessions can be particularly useful for tackling specific parts of the contract or for allowing technical experts to delve into details without overwhelming the broader discussion. When reconvening, each group can present their findings, often leading to fresh insights and novel approaches that can move the negotiation forward.

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5 Follow-Up Questions

Asking follow-up questions is a simple yet powerful way to unlock creative solutions. When you sense that an idea is not fully explored or a suggestion seems incomplete, probe further. Encourage the other party to expand on their thoughts by asking open-ended questions. This can lead to deeper discussions and the uncovering of innovative ideas that might have otherwise been overlooked. It demonstrates your interest in their perspective and can lead to more creative outcomes.

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Wendy M.

Senior Legal Counsel, EMBA
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Asking follow-up questions have the potential benefits of showing interest in the other relevant parties and potential deal; reviewing the status of the draft contract from different perspectives; considering any outstanding items; and exploring of ideas and feasibility of options and alternatives; as well as determining the timing for closing the the potential deal if it meets mutual goals and objectives of respective parties.

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6 Reflect and Adapt

After each session, take time to reflect on what worked and what didn't in terms of fostering creativity. Be willing to adapt your approach based on these reflections . If certain techniques seemed to stifle creativity, consider altering them or trying new ones in future sessions. Continuous improvement is key to successful virtual negotiations, and by reflecting on your experiences, you can refine your strategy to better facilitate creative solutions.

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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?

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What do you do if creativity is lacking in virtual contract negotiations?

1

2

3

4

5

6

7

1 Engage Early

2 Virtual Icebreakers

3 Visual Aids

4 Breakout Sessions

5 Follow-Up Questions

6 Reflect and Adapt

7 Here’s what else to consider

Contract Negotiation

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What do you do if creativity is lacking in virtual contract negotiations?

1

2

3

4

5

6

7

1 Engage Early

2 Virtual Icebreakers

3 Visual Aids

4 Breakout Sessions

5 Follow-Up Questions

6 Reflect and Adapt

7 Here’s what else to consider

Contract Negotiation

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