Discovering Agreement: Contracts That Turn Conflict Into Creativity by Linda Alvarez

Author:Linda Alvarez [Alvarez, Linda]
Language: eng
Format: epub
Publisher: Candescence Media
Published: 2018-02-14T03:00:00+00:00

Having Backup Procedures and Support

There may be times when the parties cannot recover agreement on their own. For this reason, it is wise for them to also choose and include in the contract a “backup” structure for a supervised/facilitated conversation. There are several restorative structures/models available for dispute resolution that have been practiced for decades and have established track records for success. These include interest-based negotiations,[73] joint-session mediation,[74] and circle processes.[75] Although it is generally not possible to contract away one’s right to litigate, the parties can make the restorative, nonadversarial approach a precondition to initiating adversarial proceedings. Doing this gives them a real and meaningful chance to enter a creative rather than destructive spiral.

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