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(It will ''never'' occur to a [[negotiator]] to call. This may be because systematic juniorisation of the [[negotiation]] function means the negotiators do not have the experience and expertise to talk fluently on their subject matter, and are therefore ''afraid'' to call — and ironically their counterparts, similarly juniorised, will be afraid to pick up.) | (It will ''never'' occur to a [[negotiator]] to call. This may be because systematic juniorisation of the [[negotiation]] function means the negotiators do not have the experience and expertise to talk fluently on their subject matter, and are therefore ''afraid'' to call — and ironically their counterparts, similarly juniorised, will be afraid to pick up.) | ||
===External negotiation=== | |||
The same will obtain, a 40 ri, with external negotiation common especially where counsel are involved. | |||
Here there is the added fritzl of the agency problem thrown in for good measure. What are you to do when presented with a draught that apparently contains errors or diverges from the agreed transaction? | |||
One of three things can have happened. One: you have misunderstood the transaction. Two: the other side’s counsel has misunderstood the transaction, or sent the wrong doc, or not checked it properly. Three: you both understood the transaction perfectly, but the other side is nefariously trying to retrade. | |||
''The overwhelming odds are that it is one of the first two''. Even if it isn't, the best thing to do by far is to call. You will know soon enough if your counterparty is a rogue. In any case such a call Will quickly resolve any misconceptions common misunderstandings, and and identify that yes, indeed, there has been some costly mistake. That's, you have solved yourself, your counterparty, and your clients, hours of your time that you would otherwise patiently spend and marking up a clearly erroneous document. | |||
Remember the maximum if the same circumstance can be explained by malice and stupidity, assume stupidity until you know better. | |||
Intervene with ugly complex . For a paid advisor has little incentives to do the common sense and put in that call. She may be fearful of displaying her own ignorance bracket in scenario 1 if it turns out to be a 2, most likely no one will notice hencewith the dilemma of legal value and the dog didn't bark in the Night-Time. | |||
===Communication as an [[infinite game]]=== | ===Communication as an [[infinite game]]=== | ||
{{onworld and offworld negotiation}} | {{onworld and offworld negotiation}} | ||