The Prisoner's Dilemma: Applying Game Theory to Agile Contracting
I propose that the larger issue with Agile Contracts is not that we don’t know how to write them. After all we know how to deliver Agile projects, so a contract can simply describe that process. The problem is with making Agile Contract commercially competitive; against suppliers who are offering the promise of delivering the perfectly predicted dream - offering the certainty that people crave. This is a prisoners dilemma, with organisations driving themselves towards a sub optimal solution. Through game theory we will explore ways in which to improve the appeal of the agile offering.
Who am I to talk about contracts and game theory:
- My Education
- Comp Sci, MBA, Corporate Law, Behavioural Economics
- My Experience
- Large scale contract negotiations
What is a contract, really?
- A contract is not a piece of paper
- A contract is not a plan
- Invitation to treat
The Agile Manifesto on Contracts
- Customer Collaboration over Contract Negotiation
- Sounds good, but how easy is it to do in practice?
- What other parts of the manifesto push the “contracting buttons”? - quite a bit!
- Satisfy the customer? Or Satisfy the contract? The Agent principle problem again. (exercise/demonstration)
- When contracts are required
- Based on the distribution of Scrum Roles
- Based on limitations to agility
- Agile Challenges the rules, so why did we expect our standard contracts to fit?
- Sidebar: Positive vs Natural law. The letter vs. “What is fair”
- What were contracts originally intended to do?
- Where did contracts come from? What is their basis in law?
Game Theory, Decision Theory and Moral Hazard
- Introducing the Prisoners Dilemma (exercise)
How do people make decisions?
- Economic Naturalism
- How cognitive limitations affect consumer behaviour
- The Agent Principle Problem
- Your personal history and it’s effect on opportunistic behaviour
So you think you’re rational (exercises)
- Single shot two player games
Multiple round two player games
- for the two player games, the audience splits into threes, 2 playing, one observing and plays through the exercises as presented - observer reports back on findings both subjective and objective (score sheets provided)
Single shot Multi player games (tender/bid simulation)
- Multiple round multi player games (blind auction simulation)
- As above, but larger groups (4-5 players)
- In which contracting situations are we playing these “games”? (examples)
- What were our outcomes?
- Did the “players” truly believe they were being rational?
- What were the expected pay-offs? What were the actual pay-offs? What was the “optimal solution”
Why do we “document” contracts
- Understanding legal reasoning
- Example of poor use of contracts
- Who’s at risk?
- Why contracting is a game
- “I will pay £500 to anybody who returns my lost kitten”
What are the real problems with Agile contracts?
- Why organisations are incentivised to choose the Waterfall solution
- Based on experiences in the simulations, would you really choose differently?
- What an Agile contract really represents, and why that scares people
- Theory of Altruism
- Agile is Rational, people are not. Ironic?
How we can improve the contracting process to make agile projects more palatable
- How Decision and Game theory has aided other disciplines
- “Changing the tax system” - impossible, or at the very least, not worth it. I’m rational! What advantage is there to me!
- Legal reasoning is not the same as project delivery
- Co-operative dispositions can solve prisoners dilemmas!
Practical Applications for the Future
- Long term objectives
- Incentive Schemes for sales people
- Agile procurement
But I need wins tomorrow!
- Short term wins
- Moving from theory to practice
- A contract has to be acceptable in order for it to be effective
The typical pain points and how to ease them:
- Lawyers
- Procurement
- Requirements for a contract to be truly enforceable
The effect of co-operative behaviour on our Prisoners Dilemma (final exercise)
- What is a prisoner’s dilemma and why this matters for agile contracting
- Why organisations still choose waterfall contracts even if they believe in Agile
- Understanding the commercial decision process in a variety of acquisition situations
- How an understanding of decision and game theory has improved other disciplines
- Why organisations feel they are better off choosing a Waterfall contract even if they believe in Agile
- What an Agile contract really represents, and why that scares people
- How we can improve the contracting process to make agile projects more palatable
- Which contracting and sales situations are particularly “Agile hostile”, and why

Add to calendar