Proactive Law for Managers

Siedel, George J.; Haapio, Helena

doi:10.4324/9781315602240

Cited by 7 publications

(19 citation statements)

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“…For example, the in-house legal team at Scottish & Newcastle plc, the UK brewery, developed a new contract format they call Pathclearer. They found that in many cases detailed contract terms were unnecessary because they are covered by general law, and that too much detail could actually be an obstacle to doing business (Colquhoun, 2007; Weatherley, 2005; see also Siedel and Haapio, 2011: 119–121). They moved from conventional contracts – tens of pages and exhibits full of dense text – to a brief letter agreement that drastically reduced the length and complexity of the document set.…”

Section: Four Challenges For Better Documentationmentioning

confidence: 99%

Cooperation through clarity

Waller¹,

Waller²,

Haapio

et al. 2016

Journal of Strategic Contracting and Negotiation

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This paper reports a case study of an innovative contract simplification project. The context is an energy industry facility to be built in northwestern British Columbia, Canada, where it is important to gain social license from Aboriginal communities by sharing employment opportunities. However, the complexity of contract documentation was seen as a barrier to local small contractors. This project transformed a complex document set by using principles of clear information design, both at the structural and detailed level. The principles used are explained in the form of a pattern library that lists potential solutions to common communication problems for contract documentation.

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Section: Four Challenges For Better Documentationmentioning

confidence: 99%

Cooperation through clarity

Waller¹,

Waller²,

Haapio

et al. 2016

Journal of Strategic Contracting and Negotiation

Self Cite

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“…(Berger-Walliser et al, 2011)Proactive contracting research promotes a new mindset in contracting, emphasizing user-centered contract design and collaboration by managers and lawyers on making functional contracts (Haapio, 2013). Researchers have sought to facilitate the contracting process and negotiation habits in order to anticipate areas of possible conflict, and to discuss and include those issues in the contract in a cooperative spirit and thus avoid conflicts and disputes during the project implementation phase (Siedel and Haapio, 2011; Tayyeb, 2014). Proactive contracting mainly reflects concepts from relational contracting (instead of control-oriented views by TCE).…”

Section: Various Views In the Literature On The Purpose Of Contractsmentioning

confidence: 99%

“…Proactive contracting mainly reflects concepts from relational contracting (instead of control-oriented views by TCE). This means that the relational capabilities of the contracting parties are an important asset for managing commercial transactions, rather than enforceable clauses in the contract designed to control the other contracting parties (Siedel and Haapio, 2011; Tayyeb, 2014). The primary goals of carefully planned contracts are: Facilitation of cooperation; Co-creation of value; Clear communications; Concrete agreement of responsibilities; and Efficient management of changes. …”

Section: Various Views In the Literature On The Purpose Of Contractsmentioning

confidence: 99%

“…Scholars promoting proactive contracting have suggested fundamental changes to the corporate approach to contracting (Siedel and Haapio, 2010; Tayyeb, 2014). They also suggest that companies should improve their contracting capabilities in order to produce better contracts, and that corporate lawyers should serve business objectives instead of preparing for possible litigation (Haapio, 2013; Nystén-Haarala et al, 2010; Siedel and Haapio, 2011). Scholars of law and strategy similarly see law as a tool not only for controlling risk but also for creating value (DiMatteo, 2010).…”

Section: Introductionmentioning

confidence: 99%

“…Scholars argue that this approach would also lead to a collaborative climate between the project parties and facilitate the generation of increased co-creational value in the project (Siedel and Haapio, 2010; Tayyeb, 2014). In addition, proactive contracting redefines the role of lawyers in business and suggests that, traditionally, the role of lawyers has been to make strict contracts and safeguard a company’s interests against other contracting parties; thus, there is unused potential in using the contribution of lawyers in achieving business objectives (Barton, 2015; Haapio, 2006b; Nystén-Haarala et al, 2010; Siedel and Haapio, 2010, 2011).…”

Section: Introductionmentioning

confidence: 99%

See 2 more Smart Citations

Proactive contracting

Nuottila

Kauppila

Nystén-Haarala

2016

Journal of Strategic Contracting and Negotiation

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Proactive contracting is a practice-oriented research stream, and scholars focused on proactive contracting have suggested fundamental changes for corporate contracting. Researchers have proposed that companies should improve their contracting capabilities and corporate lawyers should serve business objectives instead of preparing for possible litigation. The research reported in this paper focuses on two key areas of proactive contracting: the purpose of the project contracts; and the role of lawyers contributing to project contracts. The research goal was to find out whether business managers and corporate lawyers recognize a need for evolution in project contracting as suggested by the proactive contracting literature. The research data were collected using a survey of commercial contracting professionals, and the research results indicate that managers and lawyers share the same view – that contracts are made for business objectives and benefits. However, it was found that the perspectives of managers and lawyers differ with regard to the role of lawyers in preventing and resolving disputes.

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The Future of Law and eTechnologies

Kerikmäe¹,

Rull²

2016

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the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made.

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Proactive Law for Managers

Cited by 7 publications

References 0 publications

Cooperation through clarity

Cooperation through clarity

Proactive contracting

The Future of Law and eTechnologies

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