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PLAYBOOK TEMPLATES
Joint Development Agreement (JDA)
A JDA sets forth terms for collaborative product or technology development, addressing ownership, confidentiality, and IP outcomes. This playbook highlights best practices for defining contributions, milestones, and dispute resolution.
Dispute Resolution
Negotiation strategy
Ensure the governing law is favorable to your business operations and aligns with your strategic interests. Advocate for a jurisdiction that is known for its efficiency and fairness in handling disputes.
Negotiate for a jurisdiction that minimizes travel and legal costs. Consider proposing mediation as a first step to preserve the business relationship and avoid escalation.
Essential elements
1
Governing Law
Law applicable to the agreement.
2
Jurisdiction
Court location for disputes.
3
Escalation Path
Steps for resolving disputes.
Action framework
ACCEPT
Propose edits if the governing law or jurisdiction is unfavorable or unclear.
EDIT
Reject if the clause imposes unreasonable legal burdens or costs.
ADD
Add if the agreement lacks a clear escalation path or procedural steps.
PRO TIP
Always ensure that the dispute resolution process is clearly defined and aligns with your business's strategic goals.
Real-world examples
FAVORABLE
Preferred Governing Law
"The Agreement shall be governed by and construed in accordance with the laws of New York, without regard to its conflict of law principles."
NEUTRAL
Fallback Jurisdiction
"Each party irrevocably agrees that the courts of Texas shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims)."
UNFAVORABLE
Unclear Escalation Path
"The parties may resolve disputes through any means they deem appropriate."
Alternative scenarios & positions
High-Risk Projects
In high-risk projects, ensure the dispute resolution process includes arbitration to provide a binding resolution and avoid lengthy litigation.
International Agreements
For international agreements, consider including mediation and arbitration to address cross-border legal complexities and language barriers.
Long-Term Partnerships
In long-term partnerships, prioritize negotiation and mediation to maintain the relationship and resolve conflicts amicably.
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WEEK 3
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WEEK 4
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