Contract Design Process as a Learning Path to Proactive and Sustainable Contracting

Beyond enhancing contract clarity and operational functionality, user-centered design can also facilitate the development of new knowledge and skills. Fostering an environment of continuous learning has become critical amid the global sustainability crisis, which demands expansive problem solving and rapid adoption of more regenerative ways of operating. This article explores how a contract design process could serve as a learning path to support such transformation. Specifically, we ask: do different learning theories help us understand what kind of learning occurs or should occur during the contract design process? To address this question, we examine the contract design process through four elements of “designerly learning” derived from learning theories: learning through experience, participation, progressive problem-solving, and expansion. Drawing on insights from learning and design literature, as well as our own experiences as legal designers, we propose how learning could be supported throughout the contract design process within a practical workshop setting.