Ken Adams -- That's Conflict PREVENTION and Resolution
My only regret about leaving legal practice when I did is that I did so before Ken Adams started the AdamsDrafting Blog. Now he's made me doubly regretful, having published A Manual of Style for Contract Drafting, Second Edition. See the ABA Q&A with Adams here.
One of the panels that uses my services is the International Institute for Conflict Prevention and Resolution ("CPR"). No other ADR panel I'm aware of preaches PREVENTION the way CPR does.
The best means of preventing conflict from ripening into a dispute? Clear communication. And the best way to make sure your business deal is durable? Clear contract drafting.
I've got Ken's book on my nightstand (did anyone ever SAY I wasn't geeky?). You should have it on your desk and more importantly, open and in your hand even when writing confirming letters. It's full of great dispute prevention strategies and tactics.
I agree - I love Ken's blog and am attending his seminar in NYC next month. Mostly for the reason you cite: Let's clarify what the contract means NOW, when we execute it, rather than later, when we are mad at each other!
Ken has wonderful advice. Amending old contract language to fit a new deal is always risky - yet it is done all the time. The lasted revision becomes the new standard - and now we have a problem. Ken's comments about ambiguities is a great lesson for anyone dealing with contracts. The best dispute prevention is to have an easily understandable contract that accurately describes the rules of the game. Thanks for the post. Gavin Craig