Setting the Stage for Agreement

How we present an Agreement and set the stage for it is crucial to optimizing enforcement & durability of any legal contract.

We may have spent time thinking about what goes into the legal document; have we considered how we present the Agreement & lay a contextual foundation for the discussion?

The old adage that a contract is only as good as the paper it is written on is true, since the parties’ buy-in and willingness to comply with any legal document are external to the Agreement itself.

Indeed, a contract is a mere vessel that encapsulates the parties’ legal relationship & dealings, so the Agreement must be considered in light of & accounting for the dynamic nature of a relationship.

Long gone are the days of static documents to capture the energy of your constantly changing relational dynamics. A personal touch is required to honor the underlying relationship the document is meant to represent.

By empowering the underlying relational-pinnings around our legal documents and strengthening the foundation that the Agreement is forged, we optimize its efficacy and practical impact. People are more willing to comply if they feel invested in the Agreement drafting process, have a relational context for the document, and sense their input was heard. This mainly happens when we create the time to lay a mindful foundation for an Agreement by honoring the human components and understanding the personal context of the document.

Simply putting a document in front of someone without taking the time to lay a foundation or any relational context is piecemeal – having an engaging dialogue to set the stage and frame the document in a collaborative perspective will bolster your Agreement & sustain the relationship.

There may be things you don’t know about the other party, and you can consider being proactive about it by laying a foundation you imagine is agreeable to them, then approaching them with a drafted document. Not surprisingly, everyone appreciates it when someone else takes time to consider your needs & perspective, often received as a caring & empowering gesture.

For instance, frame the Agreement in light of their interests, beliefs & values, and fill-in the blanks on what you sense the other side would find agreeable. By teeing up the context in a favorable & authentic light, the other side will be receptive to the document & likelihood of a durable & enforced Agreement will optimize. 

When the winds of change blow, some people build walls and others build windmills – Chinese Proverb

Will your Agreement be a wall or windmill fueled by the winds of change?