Good Day Readers, Today we are going to continue with the Topic “Write a Memorandum of Agreement“
So, Let’s Begin with the Topic
- When you know from the outset that you will be writing the memo of agreement, you listen more effectively and take better notes. Indeed, you will be more attentive and exercise considerable self-discipline.
- Your Initial draft will establish the framework for any possible future revisions. It will determine definitions and set the limits for discussion.
Here’s an example. Let’s say you and I wrap up a Phone Transaction. You agree to let me write the letter of intent, without realizing the effects of your gesture, I write the memo and mail you a copy.
2 Days Later, you phone me and say, “Hey, wait a minute! I got your write-up, and you left out item A.“
“Item A?” I reply, all innocence.
“Yeah” you continue. “Remember A?“
I act slightly puzzled. “Oh — item A. I seem to remember your mentioning it briefly.“
You persist, “Well, why don’t you put it in?“
I counter with, “I didn’t think it was that important. After all, you hardly mentioned it.“
You clear your throat. “I hardly mentioned it because you seemed to agree with it.“
I pause for a moment, as though you’re imposing on me — as though you’re asking for too much. Then I say, “Do you really want it in?“
You reply, “Yes, I really want it in.“
I pause again. “Well, why don’t we just have a private understanding that it’s in there, even though it isn’t?“
You get irritated. “No — I want it in!“
Why am I giving you such a rough time regarding A? Assume that I’m a collaborative negotiator, how could A be left out? Some selectivity always occurs in producing any writing. Otherwise, the agreement would be the size of War and Peace.
But if I write the agreement any selectivity will be at your expense. The items that are somehow important to me are included.
But it’s hard for me to read your mind. Remember, you hardly mentioned A during the Negotiation.
Ultimately, I will give you item A. Please not, though, that I have made a concession to you in this point and now expect something in return.
Furthermore, after such a difficult time with A, you may be hesitant to ask about item B, which I also left out of the draft. Your attitude now is, “Brother, I’m not going through all that hassle again!“
And so, the Power of the scribe prevails again.
- Because you’ve bothered to do the writing, the other party is appreciative. They tend not to be picayune or quibble over lesser points. Even if your write-up contains some minor imperfections, most people will be magnanimous and not engage in hair splitting.
In Conclusion, let me summarize with a pitchy comment of Ellen Eisenstadt. When her boss gave her a pat on the back and a vague promise of future opportunities, she remarked, “The pen is mightier than a Pat and a Promise.“
Well, Readers we are finished with our First Topic of the Part
- Telephone Negotiations and Memos of Agreement
Now we will start 2nd Topic which is:
“Moving up“
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