Sign Here: The Enterprise Guide to Closing Contracts Quickly: Difference between revisions

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Much of the cut and thrust of a commercial [[negotiation]] is not at all about the interests and benefits of the [[Ultimate client|principals]], but is an elaborate pantomime performed by their [[agent]]s to justify their own appearance. The fear of [[redundancy]] — in the broad sense of ''not having enough to do'', but in the narrow sense of ''losing one’s job'', too drives much negotiation behaviour. This [[iatrogenic]] peripheral fiddling serves the agent’s immediate need — to look busy — but at a long term cost of drip-feeding complication, confusion and bad engineering into templates, processes and roles.  
Much of the cut and thrust of a commercial [[negotiation]] is not at all about the interests and benefits of the [[Ultimate client|principals]], but is an elaborate pantomime performed by their [[agent]]s to justify their own appearance. The fear of [[redundancy]] — in the broad sense of ''not having enough to do'', but in the narrow sense of ''losing one’s job'', too drives much negotiation behaviour. This [[iatrogenic]] peripheral fiddling serves the agent’s immediate need — to look busy — but at a long term cost of drip-feeding complication, confusion and bad engineering into templates, processes and roles.  


The challenge for innovators is getting a handle on how to stop the [[Barnacle|barnacles]] forming, and not inadvertently making the process worse, as much [[legal tech]] does. The problem runs deep; no-one has managed it so far.


===Fixing contracts is hard, requires leadership and requires refocus on stuff you don’t always think about===
Like [[Commercial imperative|relationships]].


Ask process runners, “do you think there is a problem?” and “if so, ''what'' do you think is the problem?” Many are so siloed by their own organisations and terms of reference that there may not be a problem locally, even when there is globally. Thus, if your remit is “manage credit risk at all costs” then the cost/benefit of the tools you bring to bear is not your problem.
Says Hamilton: fixing contracts is hard, requires leadership and requires refocus on stuff you don’t always think about.
 
Too much of our breathless contemporary patter regards fixing contracts as an ''easy'' problem: something ripe for solution by simple technology. This, thbiurty years of legal tech disappointment surely illustrates, is ''profoundly'' mistaken. You would think, by now, [[thought leader|thought leaders]] would have started to glom onto this: ''the magical new technology isn’t working very well''. Like [[Commercial imperative|relationships]].
 
The challenge for innovators is getting a handle on how to stop the [[Barnacle|barnacles]] forming, and not inadvertently making the process worse, as much [[legal tech]] does. The problem runs deep; no-one has managed it so far. Ask tyhose who build and manage legal process: “''do you think there is a problem''?” and “if so, ''what'' do you think is the problem?”  
 
Many are so siloed by their own organisations and terms of reference that there may not be a problem locally, even when there is globally. Thus, if your remit is “manage credit risk at all costs” then the cost/benefit of the tools you bring to bear is not your problem.


===Contracts and [[Scale|scalability]]===
===Contracts and [[Scale|scalability]]===