Following the aims of Proactive Law, which explores the relationship between contracts, contracting and better relationships, we seek to contribute to the understanding and operationalization of the contracting process. We identify four levels, which we believe technical contracting systems should facilitate: (1) Goal Hierarchies and Awareness of Values, as an overall exercise for identifying most promising synergies or deal constellations; (2) Pre-Negotiation level, as a strategic level related to a specific Negotiation; (3) Negotiation level, facilitating the process of a negotiation; and (4) Actual Contracting, as capturing an agreement in a legally binding form. After clarifying the terminology, we introduce a generic prototype of ‘‘Integrative Deal-Design’’ facilitating the seamless transition between the different levels of the contracting process, which can be customized according to various theoretical or practical approaches. Finally, we propose a set of characteristics for computer human interactive legal technology systems to facilitate better deal-design.
Read the full article written by Daniela Alina Plewe and Robert de Rooy HERE.