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If we talk at all, we do so by pre-arrangement, in formal, minuted, stage-managed, all-hands conferences. | If we talk at all, we do so by pre-arrangement, in formal, minuted, stage-managed, all-hands conferences. | ||
This is a shame. | This is a shame. [[JC]] has his theories, as usual, why this happened: for negotiation has been ''formalised'': given parameters, set out in pre-printed instructions, and delegated into greener, cheaper, remoter hands. Negotiation has been transformed from an elaborate, skilful display of tactical swordsmanship to a utilitarian process of mechanically twisting a battery of dials dials until the numbers match. | ||
[[JC]] feels we have either ''lost'' something ''important'' — if there must be a negotiation, then it should be imbued with the spirit of Erroll Flynn — or ''put in'' something ''stupid'' — if the oracular art of negotiation, as a [[commitment signal]], is ''not'' important; if all that is required is mechanical onboarding, a voyage of discovery by means of dial-twisting is just ''[[waste]]'': we should long since have ''solved'' this problem and eradicated the process altogether. | |||
Of course, we are in a dun netherworld between the two states: there is not a risk officer alive with the fortitude to set her controls at a point where clients will just accept them, and clients, in any case, rather like being shown the attention of a joust. | Of course, we are in a dun netherworld between the two states: there is not a risk officer alive with the fortitude to set her controls at a point where clients will just accept them, and clients, in any case, rather like being shown the attention of a joust. | ||
====On swordcraft==== | |||
===On swordcraft=== | |||
Thus, ''some'' [[swordcraft]] comes in handy. | Thus, ''some'' [[swordcraft]] comes in handy. | ||
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It will ''never'' occur 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 their counterparts, similarly [[juniorised]], will be afraid to pick up.) | It will ''never'' occur 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 their counterparts, similarly [[juniorised]], will be afraid to pick up.) | ||
====External negotiation==== | |||
===External negotiation=== | |||
The same will obtain, ''a fortiori'', where [[counsel|outside counsel]] are involved. Here there is the added ''frisson'' of the [[agency problem]] working its immeasurable magic. | The same will obtain, ''a fortiori'', where [[counsel|outside counsel]] are involved. Here there is the added ''frisson'' of the [[agency problem]] working its immeasurable magic. | ||
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But, alack: at once the difficulty of asserting one’s [[legal value]] reveals itself. For if you ''do'' call and thereby avert that cost, time and inconvenience, who will notice? Who will ''appreciate'' how you stilled the night-time dogs, before they had a chance to bark? A paid advisor has little incentive to put in that call. She may be fearful of displaying her own ignorance (should it turn out to be scenario ''one''). If it turns out to be scenario ''two'', she simply spares her opponent’s blushes. Where is the fun in that? Indignantly correcting an opponent’s basic errors is one of the unalloyed joys of commercial practice. | But, alack: at once the difficulty of asserting one’s [[legal value]] reveals itself. For if you ''do'' call and thereby avert that cost, time and inconvenience, who will notice? Who will ''appreciate'' how you stilled the night-time dogs, before they had a chance to bark? A paid advisor has little incentive to put in that call. She may be fearful of displaying her own ignorance (should it turn out to be scenario ''one''). If it turns out to be scenario ''two'', she simply spares her opponent’s blushes. Where is the fun in that? Indignantly correcting an opponent’s basic errors is one of the unalloyed joys of commercial practice. | ||
===Communication as an [[infinite game]]=== | ====Communication as an [[infinite game]]==== | ||
{{onworld and offworld negotiation}} | {{onworld and offworld negotiation}} | ||
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{{sa}} | {{sa}} | ||
*[[Qualities of a good ISDA]] | |||
*[[Let’s go straight to docs]] | *[[Let’s go straight to docs]] | ||
*[[Waste]] | *[[Waste]] | ||