The usual processes for dispute resolution are either fast (negotiated solutions, mediation, etc.) or binding (court proceedings and arbitration). Statutory adjudication and dispute boards are only available in particular circumstances. Can we bridge the gap and achieve fast & binding dispute resolution?
People are familiar with the “no free lunch” theorem. This post studies why asking concessions from your counterpart without giving anything in return is detrimental to the entire negotiation process.
This post looks into the typical struggle Employers face when evaluating EPC bids. Often, they would like to compare apples-to-apples. This means just comparing prices based on a harmonized technical solution. What is the problem with that?
In this post we reflect on building the ideal contract negotiation team: What should be its composition and size? What practical rules and roles for each member of your contract negotiation team? And, what behavior to expect from the team?
Often, there is confusion between the roles, responsibilities and day-to-day functioning of a Joint Venture versus a Consortium, this post looks deeper into the reasons why and when to use either and their difference.
This post gives feedback on the Harvard Negotiation Masterclass by The Program on Negotiation, a consortium project of universities (Harvard Law School, Harvard Business School and the Massachusetts Institute of Technology), probably the world’s most vibrant effort for reflection and training on negotiation. This negotiation masterclass clearly shows the importance, for a negotiator, to be conscious about the negotiation process, the situation of the counterpart and your own behavior.
Six months ago, we had published a first situation concerning the interest in the blog on contracts, “Afitac.com”. Now, curious to see how this blog has developed?
This article looks at what startups and SMEs can do regarding integrity. Simple steps, adapted to SMEs, to get the benefits from a robust integrity approach. Society is changing; Don’t be left behind !
In the arbitration clause of a contract, the contracting parties can choose whether the arbitral tribunal shall rule strictly as per the law or as “amiable compositeur”. This article analyses the advantages and disadvantages of the chosen option.
This post cites from Atul Gawande’s TED talk “Want to get great at something? Get a coach.” and transposes it to contract negotiation.