It is true that even verbal agreements are binding, but in business practice we strive to sign contracts. There is a belief that signed paper documents ensure credibility, compliance with the law, formalism, and give the parties the conviction that their interests and common provisions are definitely more binding than any verbal arrangements.

Recording findings is very advisable for other reasons. Well, putting the thought on a piece of paper:

• gives the possibility of grouping and refining them,
• encourages their initial assessment,
• It ensures that the parties involved in the negotiations have the same understanding of the joint arrangements.

Here are six common written documents used during negotiations and how and where they can be used effectively:

• Written offer and counteroffer

For some, this may seem like a waste of time, but it should be remembered that the method of submitting the offer and its form often has a serious impact on its acceptance, i.e. making or not making a purchase. In addition, the written form of the offer allows you to use a structured form and show all the details and specifics.

• Written agenda

The written agenda of conversations is a way to organize the meeting and promote issues that are important to us (of course, if we are the ones who draw up this agenda). It allows you to keep the process in check both in terms of time and order of topics or issues themselves. It protects us from forgetting, omitting issues important to us.

• Written standard (technical documentation)

Participants in negotiation processes, especially those involving some complex or highly technical issues, sometimes use expert opinions. Of course, the form of these opinions varies depending on what it concerns and which body issues it. However, usually such a paper document has more power than the most competent opinion delivered orally.

• Document supporting our leverage

Here, as part of building our advantage and strength in negotiations, we can show a competitive offer to the one presented to us in a given negotiation process. Of course, we must be sensitive to the issue of non-disclosure of data. We should not show names, names and signs / logos of companies and any other details allowing quick and easy identification of the author of the offer.

• Meeting minutes

That is, a summary of the arrangements made. Ideally, they should have a structured form. They should start with the date, place and participants of the meeting. It is extremely important who writes down and distributes the minutes. Their author has a unique opportunity to write everything down, of course, in accordance with the jointly made decisions, but always in his own words expressing his own understanding and ensuring the protection of his own interests above all.

Usually, the website distributing minutes asks recipients to correct / supplement / correct. And finally, most importantly, acceptance/confirmation. Attention, lack of remarks, may mean approval.

• Draft agreement

It is a simple document, devoid of any legal provisions, in which we put all the arrangements. It is a template on the basis of which the parties are brought closer together, then confirmations of individual arrangements and finally the development of a final agreement.

The above-mentioned documents are, of course, only basic documents related to the negotiations. The more complex the issue, the more comprehensive the project and, finally, the more money is at stake, the more extensive all the documentation will be.

Source: https://poradniknegocjatora.pl/dokumenty-zwiazane-z-negocjacjami/

Supported by Norway through Norway Grants 2014-2021, in the frame of the Programme “Social Dialogue – Decent Work”.