Stop Negotiating Agreements for Protection & Negotiate Agreements for Results
--Editor's Note: This article is adapted from The Book of Agreement: 10 Essential Elements for Getting the Results You Want by Stewart Levine (Berrett-Koehler, Dec. 2002.)
"Every year in law schools across the country, each new generation of future lawyers learn to reproduce the mistrust that is the great tragedy of our individualistic and isolating society by learning that the purpose of legal agreements, or contracts, is to protect you from the Other, that stranger at arm's length who is out to exploit you for his or her own self-interest. Stewart Levine begins from the exact opposite premise--that the purpose of agreement is to build a bridge to the Other and to realize your common aspiration for connection. Writ large, this idea would revolutionize the study and practice of law and help to realize our spiritual nature as social beings in pursuit of mutual affirmation."
Peter Gabel, Professor of Contract Law, New College Law School; Associate Editor of Tikkun Magazine; President of the Board of New College of California; Director of the Institute for Spirituality and Politics
**********************
It is the difference between:
Ready…Fire…Aim
and
Ready… Aim… Fire
Although stopping to form an agreement before moving forward may seem tedious and not as direct as moving into action immediately, this extra step will most likely produce desired results more effectively, and provide clear direction before action. This is true for all collaborative activities - teams, professional relationships, sales transactions, customer service, and the implementation of marketing activities.
When introducing the concept of Agreements for Results, the tag line from an old Quaker State Motor Oil commercial comes to mind-- You can pay me now, or you can pay me later. Most people never think about investing the time to make explicit the implicit agreement they believe they have at the beginning of a new personal or professional relationship, team, or project. Off and running, everyone has their own vision of the destination, and how to get there, without the clarity necessary to minimize the potential for conflict. Like the Quaker State warning, if you don’t do the preventative maintenance you will likely pay the cost of inevitable conflict, a cost that can be prevented.
Agreements can invoke images of long legal documents, lots of “what ifs” and how to protect against something you don’t want to happen. Most people are concerned about protection. They do not want to get hurt. We would all be better off when beginning a new endeavor if we shifted our focus to a vision of the results we want to produce, not the calamities we want to avoid.
The following Ten Essential Elements make up the template of key items to be discussed, in order to create a vision and a map to achieving desirable results. The essence of "Agreement for Results" is that conflict occurs because we never learned how to craft explicit agreements creating a meeting of mind and heart with people we want to collaborate with. The best way to prevent conflict, and have more productive and satisfying relationships is to have "agreements for results" on the front end.
The 10 Essential Elements are:
1. INTENT & VISION - Big picture of what you want. The clearer and more specific the desired outcomes, the more likely you will succeed as visualized.
2. ROLES - The duties, responsibilities, and commitment of everyone you need to achieve the desired results.
3. PROMISES - Promises of action steps. Specific commitments tell you if the actions will get you to the desired results, and the actions are missing.
4. TIME / VALUE - All promises have "by whens" and the time the agreement will be effective. Is the exchange fair and does it provide enough incentive.
5. MEASUREMENTS OF SATISFACTION - The evidence you achieved your objectives must be clear, direct, and measurable to eliminates conflict about whether you accomplished what you began.
6. CONCERNS AND FEARS-Unspoken difficulties need to be expressed and the fear behind them addressed. This deepens understanding of what you are taking on, and the partnership you are creating with yourself.
7. RENEGOTIATION - No matter how optimistic and clear it will become necessary to renegotiate promises and conditions of satisfaction because
things change. The quality of working relationships is more important than anything.
8. CONSEQUENCES-Know the consequences for breaking promises, and what will be lost if the project is not completed.
9. CONFLICT RESOLUTION-Conflicts and disagreements will arise. Agree to an "attitude of resolution," and an agreed resolution process.
10. AGREEMENT ? - When you have reflected on 1-9 ask whether you "trust" moving forward. Do not move into action unless and until you can say YES and commit to embrace the future as an opportunity to be enjoyed.
This model draws out both the vision, and the road map to it. It provides a path to what you want to accomplish. Making an agreement with your client
is an excellent way of framing the relationship!
RESULTS VS. PROTECTION - EXPLAINED
INTENT & VISION
RESULTS: Focus on what you want to happen.
PROTECTION: Focus on all the “what ifs” that could go wrong
You can tell what will happen in your life by paying attention to your dominant thoughts. Given that, if we focus on the calamities we increase the chances they will happen. What we really want in any collaborative context is everyone focusing on desired results – the best possible vision of the future. That will greatly improve the chances of what we want to materialize happening.
ROLES
RESULTS: Making sure someone has responsibility for all critical tasks
PROTECTION: Narrowly defining responsibility to limit accountability and liability
We want to make sure we have what we need to get the job done without anything slipping through the cracks. We want clarity about who can be counted on for what, compared to someone saying, “that’s not my job!” In the old context people liked to hide. They did not like to take the responsibility for making something happen because if something went wrong, they were responsible. Hopefully the fear of making mistakes is no longer as powerful a driver it once was. We have all learned that the need for innovation requires experimentation. We know that mistakes cannot be “punished” if you expect continued risking, the heart of entrepreneurship.
PROMISES
RESULTS: Contribution - committing to wholeheartedly do your part required for
success, not out of coercion, but from belief in the projects mission
PROTECTION: Doing the least; hiding behind qualifying words that cloud and
condition what you are promising
Who specifically will be doing what? Consider this a project management plan. This is also a checkpoint - if everyone delivers what he or she promises, will you produce the desired results?
TIME & VALUE
RESULTS: Clear time commitments and satisfaction with the value given and received
PROTECTION: The most for the least
Clearly stated “BY WHEN’S,” and for how long the promises will be kept. Everyone must be satisfied that what they will get from the project is worth what they are putting in. If someone is under compensated they will be resentful. Resentful participants do not produce results that are “beyond expectation,” but people committed to a vision do.
MEASUREMENTS OF SATISFACTION
RESULTS: Goals that inspire and state clearly and measurably what is expected
PROTECTION: Qualifiers to argue from and use as excuses
What are the objective measures that will tell you if you accomplished what you set out to do so there are no arguments about it?
CONCERNS AND FEARS
RESULTS: Compassion for any “anxiety-producing” concerns and risks that a “partner” sees and feels
PROTECTION: An edge to take strategic advantage of when you are inside their head, in a position to play “games”
You address concerns and fears to make everyone as comfortable as possible about moving forward. Doing this is a way of responding to “internal chatter” that might inhibit full participation. It solidifies partnership by addressing what is lingering in people’s minds. It enables people to clearly identify risks, and to choose to move forward anyway.
RENEGOTIATION
RESULTS: How can we make this work as unanticipated changes take place
PROTECTION: How can changes be used for advantage
A commitment to renegotiation requires ongoing learning, and staying in the mind set of solving a mutual problem to get desired results even though things happened no one anticipated (which is one thing you can be sure of.)
CONSEQUENCES
RESULTS: What reminds everyone of the significance of promises and failure
PROTECTION: What would be a good punishment
Consequences are put in place not as punishment, but to remind us of the loss of an unrealized vision, and the sanctity of our promises. More important what is lost if the vision is not realized.
CONFLICT RESOLUTION
RESULTS: What will get us back on track quickly
PROTECTION: How can the resolution process be used for leverage or advantage?
It is important to embrace conflict as expected and to hold it as an opportunity for creativity in how we deal with specifics we did not anticipate. It is very important to understand the cost of remaining in conflict.
AGREEMENT?
RESULTS: Do I trust enough to be in an open, ongoing collaboration
PROTECTION: Can I get out without getting hurt? Is there an opportunity for a windfall?
Has the process produced enough trust so you can say “Let’s do it, I’m comfortable moving forward with you, and sense we’ll be able to work things out as we go forward.” Has the deep dialogue exchanged produced a relationship based on covenant – a heart felt connection and commitment to people and results, a meeting of mind and heart.
Agreements are a fundamental life skill. It is the primary building block for all kinds of collaborations, and working with others is the only way results, productivity and satisfying relationship happen. Try having a dialogue that incorporates the elements at the beginning of your next project. I guarantee that from then on you will become an advocate for “Agreements for Results” in all your endeavors.
******************
Stewart Levine is the founder of ResolutionWorks, a consulting, training and mediation organization. He is the author of “The Book of Agreement” and “Getting to Resolution.” He spent ten years practicing law before becoming an award winning marketing executive at AT&T where he was recognized as a pioneer "intrapreneur". "Getting to Resolution: Turning Conflict into Collaboration” (Berrett-Koehler 1998) was an Executive Book Club Selection; Featured by Executive Book Summaries; named one of the 30 Best Business Books of 1998; endorsed by Dr. Stephen Covey and featured in "The Futurist" magazine. “The Book of Agreement” has been endorsed by thought leaders including Geoff Bellman; Robert Fritz; Bev Kaye; Jim Kouzes; and Harrison Owen. The book has been called more practical than the classic "Getting to Yes"and named among the Best of 2004 by CEO Refresher www.refresher.com Information: www.ResolutionWorks.org.
