Clear language and respect

Our connection economy thrives when people understand what to expect from one another. We’re more likely than ever to engage in interactions that involve an exchange, something that deserves a specific clarification. I’ll do this and you’ll do that.

More and more agreements are being made, because more and more transactions happen outside or between organizations. The question then: What does good drafting look like?

If the agreement starts with “whereas” and continues along with, “notwithstanding the foregoing,” and when it must be decoded by a lawyer on the other side, something has gone wrong. These codewords, and the dense language that frequently appears in legal agreements, are symptoms of a system out of whack. It’s possible to be precise without being obtuse.

There’s actually no legal requirement that an agreement not be in specific, clear, everyday English. To do otherwise disrespects the person you’re hoping to engage with. There’s no legal requirement that even the terms of service for a website can’t be clear and easy to understand. In fact, if the goal is to avoid confusion and the costs of the legal system when conflicts occur, the more clear, the better.

Consider this clause, which can change everything: “Any disagreements over the interpretation of this agreement will be resolved through binding, informal arbitration. Both of us agree to hire a non-involved attorney, submit up to five pages of material to state our case, and abide by her decision.”

The best thing about this clause is that you’ll almost never need it. Mutual respect and clear language lead to agreements that work.

Reblogged from: here

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About janaknmistry

Janak is a 1984 born, MSc and MBA educated from Mumbai, India. He is an avid traveller by choice and a solopreneur by luck. He has clocked many thousands of kilometres on a motorcycle. It was his journey to the Leh-Ladakh, which motivated him to write about his experiences throughout the journey in enjoying the beauty, pain and hardships. He has successful authored and published his book called “Journey in Time with Timeless Memories” which is released and published in Germany and available all over the world besides Asia and the Middle East. Apart from being an author he is an active book reviewer too and have reviewed books by some of the established authors in USA. Janak runs a motorcycle expedition co. called Jack n Jill-The Moto Expedition Co. He is passionate about travelling and photography, which helps him find a beauty and meaning in this wide busy world. It was his journey to the Leh-Ladakh which motivated him to write about his experiences throughout the journey in enjoying the beauty, pain and hardships. He is passionate about travelling and photography which helps him find a beauty and meaning in this wide busy world.
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