One of the most effective and powerful but often underused techniques in the negotiation of complex contracts is the use of the humble projector.
There are some really convenient portable projectors on the market nowadays, but any that will link to a laptop will do.
At a negotiation meeting the contract being discussed is projected onto a wall (or screen if there is one) where all can see it. One side can then lead the participants through the latest draft agreeing points and drafting changes as the meeting progresses. Any amendments done on the spot are transparent and seen and agreed by all involved. There is no hiding place and seemingly intractable issues can be resolved. This also often reveals misunderstandings that were never apparent but were blocking progress.
I know some lawyers who are reluctant to work like this because, I think, it means being put on the spot and not able to properly consider any drafting changes. But where you are dealing with a difficult discussion, particularly if one party is reluctant to agree any changes, capturing the wording as you go is really effective.
Yes it does test drafting skills but a good lawyer should be able to draft as they go as it were. Having obtained agreement to the changes made in the meeting a revised draft can always be circulated for further review.
This simple real time approach also works remotely by utilising instant messaging like Skype where every participant can see the document on their own screen.
There are some really convenient portable projectors on the market nowadays, but any that will link to a laptop will do.
At a negotiation meeting the contract being discussed is projected onto a wall (or screen if there is one) where all can see it. One side can then lead the participants through the latest draft agreeing points and drafting changes as the meeting progresses. Any amendments done on the spot are transparent and seen and agreed by all involved. There is no hiding place and seemingly intractable issues can be resolved. This also often reveals misunderstandings that were never apparent but were blocking progress.
I know some lawyers who are reluctant to work like this because, I think, it means being put on the spot and not able to properly consider any drafting changes. But where you are dealing with a difficult discussion, particularly if one party is reluctant to agree any changes, capturing the wording as you go is really effective.
Yes it does test drafting skills but a good lawyer should be able to draft as they go as it were. Having obtained agreement to the changes made in the meeting a revised draft can always be circulated for further review.
This simple real time approach also works remotely by utilising instant messaging like Skype where every participant can see the document on their own screen.
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