10
PLAYBOOK TEMPLATES
Research Collaboration Agreement
A Research Collaboration Agreement outlines cooperative research activities between institutions or companies. This playbook discusses IP ownership, publication rights, and funding obligations.
Dispute Resolution Mechanisms
Negotiation strategy
Ensure the dispute resolution process aligns with the company's operational jurisdictions and minimizes potential legal costs. Advocate for arbitration to avoid lengthy court proceedings.
Negotiate for mediation as a first step to resolve disputes amicably. Ensure the governing law is favorable to the contractor's business operations.
Essential elements
1
Escalation Path
Initial negotiation and management escalation.
2
Mediation Process
Structured mediation before arbitration.
3
Arbitration Agreement
Binding arbitration as final step.
Action framework
ACCEPT
Propose edits if the governing law is not aligned with the company's preferred jurisdiction.
EDIT
Reject clauses that mandate litigation in unfavorable jurisdictions.
ADD
Add clauses for mediation if not present to encourage amicable resolution.
PRO TIP
Always ensure the dispute resolution clause is consistent with the overall business strategy and jurisdictional preferences.
Real-world examples
FAVORABLE
Comprehensive Dispute Resolution Clause
"The parties agree to resolve disputes through a tiered approach: negotiation, mediation, and binding arbitration."
NEUTRAL
Basic Arbitration Clause
"Disputes shall be resolved by arbitration in accordance with the ICC rules."
UNFAVORABLE
Litigation-Only Clause
"All disputes shall be resolved through litigation in the courts of [State]."
Alternative scenarios & positions
International Contracts
For international contracts, consider arbitration in a neutral country to avoid bias and ensure enforceability across borders.
High-Value Transactions
In high-value transactions, include detailed arbitration procedures to manage complex disputes efficiently.
Industry-Specific Regulations
In regulated industries, ensure compliance with industry-specific dispute resolution requirements to avoid penalties.
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WEEK 3
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WEEK 4
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