On dispute resolution clauses, and design thinking: part 6 of 6.¹

[Sales professionals, contract negotiators, and legal managers: this series is for you.]

Previously [https://lnkd.in/dcDTF_Jn], we considered how design thinking involves asking lots of questions.

In this final instalment, let's discuss how to apply design thinking to deal with dispute resolution and contractual clauses more effectively.

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Previously, I shared how I apply design thinking to my contracts-related work: by asking lots and lots of questions.

Let's get even more specific now.

What kind of questions should we ask² when dealing with and negotiating contracts?

Here's a non-exhaustive list, in no particular order:

- What does the clause say?
- What is the effect of the clause?
- Do I need a lawyer to confirm my understanding of the clause?
- Can I comply with the clause?
- What is the purpose behind the clause?
- Who is pushing for the clause?
- What are they interested in?
- Can they live without the clause?
- If they want the clause but I do not want it, how can the clause be redrafted to meet both of our interests?
- What are the scenarios in which the clause becomes relevant?
- If these scenarios occur, how would we rely on the clause?
- What are some problems we may face relying on the clause?
- How can we mitigate these problems?

Etc.

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Now, some of you are likely saying:

"That's it? What a letdown! I do this already - doesn't everyone?"

I'm sure that most of us already ask such questions when reviewing contracts.

But.

How often do we consciously sit down and ask as many questions as we can, as a deliberate and unskippable step in the process?

And how often do we thoroughly answer each question before we move on?

Now, I'm not suggesting doing this for every single clause in every single contract we review. There just isn't enough time.

But I suggest adding this process to our toolkit, to be applied to the contracts and clauses that matter.

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Finally. Why did I make you folks to sit through 6 installments in this series?

I wanted to share, in real time, the process of questioning.

Why do we have dispute resolution clauses? Actually, what are dispute resolution clauses? And why do we even enter into contracts? And so on.

I wanted to demonstrate:

- how to ask questions;
- what are the issues that give rise to questions;
- how to methodically answer questions;
- how answers lead to more questions; and
- how, through this process, we better understand the problem and find better solutions.

Special thanks to the good folks at the Rajah & Tann Asia Academy, without whom I would never have heard of design thinking.³

And if you are asking contracts-related questions to which you don't know the answer, or want to test your answers - reach out.