Author E B White hit the nail on the head when he stated:
“There is nothing more likely to start a disagreement among people than an agreement”.
This is why contracts should best be drawn up by legal experts with all sorts of possible scenarios in mind. A properly drafted contract ensures that when a disagreement arises, the parties’ rights are protected.
Regarding the business of bargaining, there are primarily two types of strategies. Distributive bargaining – also known as win/lose bargaining – is concerned with the distribution of the prize. The pie is only so big and he who gets the biggest piece, is the victor. Integrative bargaining is the method for reaching a mutually beneficial agreement – or win/win bargaining – where the interests of both parties are considered. When prospective parties to a contract have to decide the terms of said contract, there is usually a good deal of bargaining involved. An attorney, who is in the business of drafting contracts, should ensure that your best interests are incorporated in the contract and that you receive the best possible outcome by applying either or a combination of the above bargaining methods. A specialist in negotiation will know how to read the situation to determine which approach should be implemented. In some cases the best tactic may be a win/lose approach and in others it could be best to reach a compromise which benefits all parties. It is important to remember that contracts can later be altered, but only if all the parties thereto are inclined to do so.
An old adage states that a contract is an agreement which is binding on the weaker party. With the appropriate legal advice and an expert drafter of contracts, you never need to be the weaker party to any agreement. An attorney with the necessary expertise will bargain for your best interest during the negotiation phase of a contract and then draft a contract which both parties are satisfied with. A legal advisor will also ensure that the parties to a contract understand the meanings of the clauses therein and also know about the implied terms which will apply to certain types of contracts. A contracting party with the intention of reaching a serious, enforceable contract will therefore not hesitate to acquire the services of an expert in this regard.