Contract Negotiation Tip 004 | Mediation Clauses & the Art of Deception
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Contract Negotiation Tip 004 | Mediation Clauses & the Art of Deception

Mandatory mediation clauses are often included in commercial contracts. They require the parties, in the event of a dispute, to sit down with a neutral mediator in an effort to find their own resolution before initiating a lawsuit. Mediation works great when both parties participate in good faith with an honest intent to resolve the dispute. In situations where only one party is sincere, however, the mediation process can become a ruse de guerre (French…

Contract Negotiation Tip 003 | Choice of Law Clauses
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Contract Negotiation Tip 003 | Choice of Law Clauses

A “choice of law clause” is precisely what the name suggests. When your company signs a contract that has one of these, you’re agreeing that a particular state’s law will govern the contract and any future dispute. Lawyers carefully consider potential outcomes of hypothetical disputes when drafting contracts. This is especially true when it comes to choice of law provisions. Predicting outcomes is easier when you know which law will be applied. A common choice…

Contract Negotiation Tip 002 | Forum Selection Clauses & the Homecourt Advantage

Contract Negotiation Tip 002 | Forum Selection Clauses & the Homecourt Advantage

Playing basketball on your homecourt can give your team a big advantage. In college basketball the homecourt advantage is, statistically, around 4 points. Likewise, defending or prosecuting a civil lawsuit in your homecourt of law can give your business the upper hand. If lawsuits were determined in points and not judicial relief, my bet is the homecourt advantage would be worth a lot more than 4 points. A term in a contract that locks in…