- Follow-up serves as relational “lubrication” to maintain harmony, avoid conflict, and foster reciprocal obligations.
- It is a form of ongoing negotiation, not just contract enforcement.
- Follow-up intensity is modulated to avoid face-threatening behaviors but ensures mutual understanding.
- In China, “agreement” signals intention and relationship commitment more than rigid legalistic closure, so follow-up is a natural, often indispensable, part of agreement life.
more necessary
When follow-up is necessary:
- New or complex partnerships: To build trust, clarify expectations, and ensure compliance.
- Dynamic or uncertain environments: Where terms may need adjustment or renegotiation.
- High-stakes agreements: Where social harmony and face-saving require tactful, continuous engagement.
- Cross-cultural or international dealings: To compensate for potential misunderstandings from language or norms.
less necessary
When follow-up is less necessary:
- Strong trust and established relationships: In long-term partnerships or within trusted guanxi networks, less frequent follow-up may be required because relational trust provides assurance.
- Clear, mutually understood expectations: When both sides fully comprehend and share the underlying context, extensive follow-up may not be needed.
- Simple or routine agreements: For straightforward matters with low risk or easily verifiable outcomes, follow-up can be minimal.
- Formal hierarchy and delegation: When follow-up is expected to be handled by specific intermediaries or subordinates, direct parties may not engage often.
distribution agreements
My law firm’s China lawyers have drafted more China product distribution agreements in the last three years than in the ten years prior. Foreign companies want to profit from China’s consumer and industrial markets, but they are wary of going into China (or remaining in China) in a way that might subject them to problems foreign companies have been incurring in China.
a tool we’ve since refined
Nearly two decades ago, our law firm represented an American company in acquiring a large Chinese business. The deal was complex, involving substantial financial stakes and numerous contracts that required flawless execution. To ensure everything was managed correctly, we developed a comprehensive contract signing checklist, a tool we’ve since refined and utilized in countless Chinese (and international) transactions since.
ongoing trust, respect, and harmony
In Chinese culture, follow-up during the life of an agreement is moderate and relational. It emphasizes ongoing trust, respect, and harmony, using subtle, indirect, and context-sensitive approaches rather than constant oversight or aggressive assurances. This process underpins long-term partnership and social stability.
deeper logic
- Relationship Preservation: Follow-up is part of ongoing relationship cultivation (guanxi), which sustains trust and mutual obligation beyond the initial agreement.
- Subtlety and Respect: Frequent, overt check-ins might be perceived as intrusive or disrespectful, especially if they challenge face or hierarchy. Mild, respectful follow-ups maintain harmony.
- Evolving Understanding: Continuous engagement allows adjustments based on new circumstances, reflecting China’s preference for flexible, relational agreements over strict, rigid contracts.
- Face and Harmony: Non-intrusive, tactful follow-ups are designed to avoid embarrassment, disagreement, or conflict, fostering long-term cooperation.
- Trust as an Unspoken Assumption: The Chinese often believe that trust built initially should be demonstrated through consistent respectful actions rather than extensive verbal oversight.
implicit follow-up
Literature, Cinema, and Teaching: Depict ongoing, often implicit follow-up, where respecting hierarchical and relational norms signifies ongoing commitment rather than constant oversight.
precise protocols
Military: Follow-up actions in military collaborations or agreements are executed with precise protocols, often involving detailed reports and continuous coordination, signaling commitment and mutual trust without overt confrontation.
formal reporting and evaluations
Government and Politics: Follow-up involves consistent, formal reporting and evaluations, often through subtle feedback and negotiations, respecting hierarchy and face. routine interactions ensure alignment with policies, and feedback is usually conveyed indirectly to avoid conflict.