Template:M intro isda qualities of a good ISDA: Difference between revisions

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A negotiator who [[fear|''fears'']] her material will hide behind the formal rules you give her to manage it. She won’t be drawn to discuss anything live — if she doesn’t understand the form, why would she put her vulnerability on show? — so will hide behind her keyboard, contributing to the familiar experience of electronic trench warfare: she will lob long, bulleted issues lists over no-man’s-land and into the enemy’s advanced positions, or escalate that way internally to risk departments. When they land her missiles — missives? — will hiss and sputter, being passed about for days, before eventually being lobbed back, appended with yet more more bullets and annotated in [[BLOCK CAPITALS]] or a fetching {{Fontcolour|#FF00D4|'''hot pink'''}}. This impasse can last, as it did in Ypres, for years. You could write [[strange negotiation|war poetry]] about it.
A negotiator who [[fear|''fears'']] her material will hide behind the formal rules you give her to manage it. She won’t be drawn to discuss anything live — if she doesn’t understand the form, why would she put her vulnerability on show? — so will hide behind her keyboard, contributing to the familiar experience of electronic trench warfare: she will lob long, bulleted issues lists over no-man’s-land and into the enemy’s advanced positions, or escalate that way internally to risk departments. When they land her missiles — missives? — will hiss and sputter, being passed about for days, before eventually being lobbed back, appended with yet more more bullets and annotated in [[BLOCK CAPITALS]] or a fetching {{Fontcolour|#FF00D4|'''hot pink'''}}. This impasse can last, as it did in Ypres, for years. You could write [[strange negotiation|war poetry]] about it.
{{Quote|
“I am the [[NAV trigger]] you pulled, my friend. You [[Waive|waived]] it not. <br>
In fog of war your unbending risk approach you would not flout<br>
Look, I missed a little [[margin call]], by just a bit: you [[Close out|closed me out]]. <br>
I risk-reduced as best I could; when all is told <br>
My lucky streak ran out; <br>
My credit line went cold. <br>
Let us sleep now. . . .”<br>
''carries on for  [[strange negotiation|94 pages]]''}}


Reverence to and intimidation by your own contractual form is madness, of course. While we should not be surprised, in our [[High modernism|high modernist]] times, that our overlords fetishise the [[Substance and form|form over substance]], ''deference'' to a contractual form that is plainly suboptimal is no cause for celebration. A confident negotiating team ''engages'' with the form rather than deferring to it. This is the negotiator’s version of “[[jidoka]]”: the “human touch” that makes the machine sing.
Reverence to and intimidation by your own contractual form is madness, of course. While we should not be surprised, in our [[High modernism|high modernist]] times, that our overlords fetishise the [[Substance and form|form over substance]], ''deference'' to a contractual form that is plainly suboptimal is no cause for celebration. A confident negotiating team ''engages'' with the form rather than deferring to it. This is the negotiator’s version of “[[jidoka]]”: the “human touch” that makes the machine sing.