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This is in line with what one of my previous bosses taught me about negotiations: negotiation is about truly understanding the interests of the other side. In this case even those they are not aware of.

He also used to put crap clauses into contract drafts (if he knew they'd be passed through lawyers), so that the lawyers can demonstrate being useful without messing with the actual matter of the contract. A true example of serving the true interest of the other side :)



Classic example working in a service department for a medical equipment maker. We had a service contract with the relevant department in Hospital Foo, but the admin rolled slow there. The department had the funds and wanted to pay us. We wanted to be paid. We trusted the department on their word - so we kept supplying the contract despite not being paid. At the point 10 months overdue in the annual contract, the word came down that the payment was coming, just the new lawyer was looking over it.

The new lawyer was very much a Make Your Mark person, and despite us, the dept, and admin all saying "we're happy, please pay", she had to add a clause saying: "At any point during the contract, we can cancel and get reimbursed the full price of the contract". That is, they could cancel at 11 months 29 days of receiving support (this is actual send-field-techs-out support, not 'here's our pdfs and phone number') and get the entire year back. Of course it was bargaining nonsense, and we negotiated to a prorata clause, but it caused a fuckton of busywork for all involved, useful to zero people except the Make Your Mark lawyer. So much wasted time and money everywhere just for her to feel validated.


>..so that the lawyers can demonstrate being useful without messing with the actual matter of the contract

There's actually a programming version of this referenced on an old StackOverflow question - a "Duck", i.e. a feature submitted so management will take issue with it and not something else more important.

http://www.codinghorror.com/blog/2012/07/new-programming-jar... - see entry #5


Interestingly, map-makers put in fake geographical features, known as "bunnies", so that they can catch people copying them:

http://www.sfgate.com/news/article/Mapmakers-sleight-of-hand...


A former co-worker of mine used to manage 7-elevens. They would do the same thing when a regional boss came on an inspection. They would deliberately do one display just a little wrong so the boss could ding them on that and move on without looking too closely at the rest of the store.


Another example. . .deliberately inserting grammatical and other errors to distract the red-pen weenies. And, of course, you already have the corrected version ready to go. . .you're just waiting for management to return the red-lined version.




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