Parallels between Contract Negotiation and Kendo
I was lucky enough to spend a year living in Japan some time ago, and during that time I learnt some of the basics of Kendo.
As a sport, and as an art form, Kendo is fascinating. And I can't help but draw parallels between a Kendo match and Contract Negotiations.
Parallel 1: The practice
It's almost unthinkable to go into a Kendo match without a significant amount of practice beforehand.
Ditto, Contract Negotiations.
How can you get experience?
Start small. Draft or review dozens of Contracts.
Learn about Contracting - my Contract Drafting Course: the Fundamentals is fantastic for Lawyers and Contracts Professionals to learn about Contract Planning and Contract Drafting.
Attend Contract Negotiations to watch and take notes.
And then...
Attend some negotiations as third chair, then second chair
And then perhaps take on a single issue to negotiate yourself with your Superviser's approval. Practice speaking to that issue, and make sure you've written down the key points.
Then, in your own time, when YOU are ready, you can lead the whole negotiation.
Different people will advance differently - don't push yourself before you are ready!
Parallel 2: The focus
When negotiating the terms of a Contract with the counterparty, both parties need to be focused.
Take your attention away from your opponent and you may end up conceding a point you cannot afford to give away.
When taking part in a negotiation, you need to be focused both on your opponent AND on your client.
Parallel 3: The body language
Reading body language is important - sometimes you have to interpret your Teams' reactions (or that of the other side) and change your approach accordingly.
If you can't confer with your Superviser before you speak, qualify that your comment is subject to their instructions. Or take an issue on notice.
Parallel 4: The sportsmanship
Contrary to what many people think, a Contract Negotiation should not be a battleground.
You will achieve a whole lot more through civility, cooperation, compromise and rationality than you will through anger, bluster, antagonism and arrogance.
Just as in Kendo, each party should go through the moves (which at times can seem intense!) but then return to a place of calm and goodwill.
After all, the Contract Negotiations are simpy the start of the relationship between your organisation and theirs, not the end. And trust me, you DON'T want to start things off on the wrong foot for the Project.
How about you?
Can you think of any other parallels between Contract Negotiation and Kendo? Any comments from your own experiences during Contract Negotiation?
