Contract Drafting and Negotiation

How do we negotiate?

Before reaching any agreement, conducting successful negotiations is essential.

During the negotiation process, Middle East Legal Services experienced team focus on certain strategies and multiple factors that we summarize by:

1. Understand the clients business, intentions, interests and circumstances;

2. Identify the bottom lines;

3. Identify our bargaining power to leverage our position;

4. Do proper research as more information creates more leverage;

5. Break the negotiation into parts;

6. Use fair approaches;

7. Remove emotions from the equation by separating business from personal;

8. Create a positive environment;

9. Take leads by framing issues and address solutions;

10. Invent options for mutual gain;

11. Prioritize client’s interests and what ranks below;

12. Advice when to accept the deal and when to walk away based on what the underlying deal worth to the client & depend on facts that may affect the business;

 Drafting & Tailoring a Contract

Clarity and Precision are essential to have a well-written contract during every business deal and can help provide a strong layer of legal protection.

During drafting an agreement we: use simplicity rather than complexity; create a collaborative working relationship rather than tension and conflict; wipe out confusion by depending clarity; and we efficiently deliver the parties to the agreement the desired business objectives.

Our focus pointed towards,

a. what will happen, in day-to-day business;

b. are the parties complying with all the terms of the agreement in a timely manner;

c.  making sure to include all necessary rules and details in the contract that shall assist the contracting parties in knowing how to perform their duties and the rights they are entitled to;

d. set forth in an adequate manner the steps necessary for the contractual parties in order to be knowledgeable about what shall be done in order not to breach their contractual obligations;

e. envision the nonperformance and default to draft the contract adequately to comply with the contracting parties intentions and goals;

While building up the agreement we always consider the worse case scenario to assure that the contract provide sufficient guidance to govern the relationship between the parties. The precision and clarity of the clauses and texts shall help prevent multiple or contradictory interpretations, which is one of the main paths that leads to disputes.