The practice of law, to one extent or another, is negotiation. A new paradigm embraced by lawyers everywhere is that of problem solving. Many times, the best problem solving lies in negotiating and creating agreements that achieve the goals of everyone involved. Whether the negotiation surrounds a business acquisition, an employment agreement, or resolving partnership issues, negotiation can be key to finding solutions that negate future litigation.
Whether your intent is to create a lasting agreement or to resolve an escalating dispute, early stage negotiation can help your business stay out of court and save precious resources: your time, your money, and your emotional investment. Negotiation is by far the most frequently used tool to resolve conflict and find common ground. In this regard, the American Bar Association says that:
- 95 percent of civil matters are settled by negotiation, not litigation.
- Of the civil matters filed in court, the vast majority settle through negotiation before or at trial
- Every business relationship is created by negotiation.
At Ferikes & Bleynat, we know that thorough and clear contract negotiation minimizes the chances for disagreement in the future and helps our clients stay out of court.
Contract Negotiation & Drafting
We are neutral negotiators when needed. Conversely, we are ardent and astute negotiators for our client’s best interests. Solid business agreements serve as a primary foundation for successful business partnerships and all the transactions your business might undertake. Good contracts are well planned, thorough, well-thought and clearly stated. Contracts like these are created with the intent of saving time and expense in the event of future disagreement.
The guidance of an experienced contract negotiation lawyer skilled in drafting clear agreements is crucial in ensuring a contract’s effectiveness. Contracts should outline precisely each party’s responsibility and benefit as parties to the agreement, as well as the ramifications should the terms of the contract be broken or unmet. Thoughtful agreements memorialized in precisely termed contracts leave nothing open to interpretation or misunderstanding, thereby helping to avoid future litigation.
Commonly encountered business contracts that require strategic negotiation and careful consideration include:
- Sales Related Contracts
- Bill of Sale
- Agreement for the Sale of Goods
- Purchase Order
- Security Agreement
- General Business Contracts
- Indemnity Agreement
- Covenant Not to Sue
- Settlement Agreement
- Assignment of Contract
- Partnership Agreement
- Joint Venture Agreement
- Agreement to Sell Business
- Real Property Contracts
- Real Property Lease
- Equipment Lease
- Employment-Related Contracts
- Employment Agreements
- Noncompete Agreements
- Independent Contractor Agreement
- Consulting Agreement
- Distributor Agreement
- Sales Representative Agreement
- Confidentiality Agreement
- Reciprocal Nondisclosure Agreement
- Employment Separation Agreement
Whether your business sells a product, provides a service, or licenses its intellectual property, you are likely to encounter contracts that govern your relationships with your consumers, your clients, and your users. If you are presented with a contract, no matter how standard it might be, it is vitally important that you seek the advice of an experienced contract negotiation lawyer to review the terms of the contract on your behalf.
Call our Contract Negotiation Team to discuss your next contract matter. Our lawyers serve all of Western North Carolina from their offices in Asheville.