agreements

A contract is an agreement having a lawful object entered into voluntarily by two or more parties, each of whom intends to create one or more legal obligations between them. The elements of a contract are “offer” and “acceptance” by “competent persons” having legal capacity who exchange “consideration” to create “mutuality of obligation.”

The following items are tagged agreements.

To Improve Your Negotiation Skills, Learn from a Pro

Posted by & filed under Negotiation Skills.

On February 16, in the midst of the National Basketball Association’s (NBA) All-Star weekend, members of the National Basketball Players Association (NBPA) unanimously voted to oust Billy Hunter as the union’s executive director.

“This is our union and we have taken it back,” National Basketball Players Association president Derek Fisher said, as reported by ESPN.com. Fisher said the union had been “divided, misled, [and] misinformed,” by its leader. Hunter hinted in a statement that he might contest his firing in court.

Taking Alternative Dispute Resolution (ADR) Too Far

Posted by & filed under Mediation.

More and more companies are inserting alternative dispute resolution (ADR) clauses in their contracts with customers and vendors, and even in agreements with their own employees. ADR processes such as mediation and arbitration can be beneficial for all concerned if they help avoid the cost, delay, and uncertainty of going to court. Mediation, in particular, may offer creative solutions, protection of confidentiality, and preservation of important relationships.

Enhancing Your Deal in Business Negotiations

Posted by & filed under Sales Negotiations.

Not all contracts are created equal. Some maximize joint through creative trades, while others are barely satisfactory. Strategic wariness causes many people to leave untapped value on the bargaining table. Of course, agreements based on incomplete and distorted information aren’t likely to be efficient.

Managing Internal Conflict: Russia’s Bid to Join the WTO

Posted by & filed under Conflict Management.

In June 1993, a little over a year after the fall of communist rule in Russia, President Boris Yeltsin submitted an application for Russia to join the General Agreement on Tariffs and Trade (GATT), the precursor to the World Trade Organization (WTO). Eighteen years later, in November 2011, Russia finally was voted into the WTO, which administers international trade rules among its members. This past August, the nation officially became a member of the organization.

The Role of Urban Planners in Negotiations: Case Study of Israeli-Palestinian Negotiations

Posted by & filed under Conflict Resolution, Middle East Negotiation Initiative.

Can urban planning tools help negotiators develop creative solutions to complex disputes?  Karen Lee Bar-Sinai, Loeb Fellow at Harvard Graduate School of Design (GSD), recently explored this topic in a talk entitled “The Role of Urban Planners in Negotiations: Case Study of Israeli-Palestinian Negotiations.” The first in a series of seminars co-sponsored by the Middle

Water Diplomacy: Value Creating Approachs to Water Negotiation

Posted by & filed under Conflict Management.

Zero-sum thinking emerges when people conceive of water as a fixed resource – one provided by nature in a given quantity that is either static or diminishing. Based on these assumptions, diplomats often focus on what share of the existing water will be given to each entity. Negotiations of this type typically involve decision makers who are political leaders focused on preserving sovereignty and maintaining state security. They are often unprepared to think about improving the overall efficiency of water use, which, in effect, can “create” more water.

Why Busy People Like Drafts

Posted by & filed under Negotiation Skills.

How can you gain an edge when you’re in the seemingly weak position of negotiating a favor from a government or powerful bureaucracy? Present the other side with a draft agreement that authorizes or approves your request. Busy bureaucrats who lack a strong grasp of the details at hand are likely to seize on your text as a time-saver. That’s precisely why Washington lobbyists put drafts of the laws they desire, usually written by high-priced attorneys, in the hands of congressional staff.

Water Diplomacy: Creating Value and Building Trust in Transboundary Water Negotiations – Israel and Jordan, From War to Water Sharing

Posted by & filed under Conflict Resolution.

Most difficulties in water negotiations are due to rigid assumptions about how water must be allocated. When countries (or states) share boundary waters, the presumption is that there is a fixed amount of water to divide among them, often in the face of ever-increasing demand and uncertain variability. Such assumptions lead to a zero-sum mindset, with absolute winners and losers. However, when parties instead understand that water is a flexible resource and use processes and mechanisms to focus on building and enhancing trust, even countries in conflict can reach agreements that satisfy their citizens’ water needs and their national interests.