Diagrammatics and the Visualization of Legal Data in Proactive Legal Design

Murray, Michael D.

doi:10.2139/ssrn.3533412

Cited by 4 publications

(1 citation statement)

References 4 publications

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“…Barton et al, 2013;Berger-Walliser et al, 2011;Hurmerinta-Haanpa ¨a ¨, 2021;Passera, 2017) and from the proactive visualization of legal information to proactive legal design (e.g. Berger-Walliser et al, 2017;Haapio et al, forthcoming;Murray, 2021;.…”

Section: Proactive Contracting and Contract Design: Putting Users In The Centermentioning

confidence: 99%

Effective dispute prevention and resolution through proactive contract design

Hietanen-Kunwald

Haapio

2021

Journal of Strategic Contracting and Negotiation

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Research shows that strategic dispute resolution and early intervention reduce direct and indirect costs of conflicts. Minimal costs are involved in preventing and de-escalating disputes, compared with the costs of arbitration and litigation, for example. In this context, the traditional view of contracts as legal documents or reactive enforcement mechanisms is too narrow. Contracts can be used proactively, ex ante, too, enhancing the parties’ chances of success and preventing unnecessary problems. In Europe, this is part of what is known as Proactive Law; in the US, Preventive Law. On both sides of the Atlantic, it can also be framed as practicing proactive contracting or proactive contract design. Well-designed contracting processes and documents can prevent misaligned expectations and disappointments so that unnecessary disputes can be avoided. Early intervention methods of dispute resolution, such as mediation, can be used to de-escalate the dispute and promote cooperation. Along with other crucial elements, contracts can provide pre-agreed procedures and resolution mechanisms if changes, delays, or disturbances occur or a conflict situation arises. Building on our previous work on civil and commercial mediation and a managerial-legal view on contracts and their design we illustrate, with examples, how proactive contract design, combined with early intervention procedures and monitoring systems as well as post-award management processes can be used to better deal with the commercial, legal and human elements of a dispute. With a focus on commercial business-to-business contracts and related conflicts we explore how design methods can be used to address the root causes of legal disputes and to operationalize an effective dispute prevention and resolution system.

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Section: Proactive Contracting and Contract Design: Putting Users In The Centermentioning

confidence: 99%

Effective dispute prevention and resolution through proactive contract design

Hietanen-Kunwald

Haapio

2021

Journal of Strategic Contracting and Negotiation

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Intersemiotic Legal Translation as a Process

Loddo

2023

Law and Visual Jurisprudence

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Intersemiotic Legal Translation: Semiotic Pluralism in Normative Drafting

Loddo

2022

Global Jurist

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The expression “intersemiotic legal translation” refers to all forms of legal translation that use at least two different semiotic codes, of which at least one is not verbal. The article will analyze four different conceptions of intersemiotic translation by highlighting the different potential applications in the legal field, as well as the limitations related to this form of translation. The concept of “intersemiotic legal translation” will be examined as a species of the genus “legal translation”, and will be framed according to a typology consisting of six types of legal translation that will take both its semiotic and its legal dimensions into account.

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Diagrammatics and the Visualization of Legal Data in Proactive Legal Design

Cited by 4 publications

References 4 publications

Effective dispute prevention and resolution through proactive contract design

Effective dispute prevention and resolution through proactive contract design

Intersemiotic Legal Translation as a Process

Intersemiotic Legal Translation: Semiotic Pluralism in Normative Drafting

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