One of the goals of the Integrative Law movement is to change the non-collaborative and disingenuous nature of contract drafting. To shift the narrative of traditional legal contracting, the Integrative Law movement has been implementing new practices to try and re-invent the contracting experience. The Conscious Contract, Relational Contract and Comic Contract are the three primary vessels carrying the re-inventing contract movement:
The Conscious Contract.
The focus of the Conscious Contract is to create a sustainable, relational and values-based agreement. A Conscious Contract is a living, breathing document that is malleable and can be amended as the relationship of the parties changes. Using plain language, Conscious Contracts are clear and easy to understand, thus boosting engagement and performance. The Conscious Contract is the face of the re-inventing contract movement as it encapsulates all of the principles integrative lawyers are seeking to achieve.
Relational contracts prioritize collaboration and the development of a relationship. Relational contracts are based on shared moral and social norms. Relational contracts are most commonly seen in long-term relationships, like a partnership or joint ventures. There are five key steps parties looking to create a Relational contract should take into consideration:
1. Lay the foundation.
Here, a mutual partnership mentality will be established.
2. Co-create a shared vision and objective.
In this step, the parties will work together to create objectives to achieve their shared vision that align with their partnership mentality.
3. Create guided principles.
The parties will define what the social norms of the relationship mean to them.
4. Align expectations and interests.
This is the step where the parties will begin to look at the clauses of the contract and carefully craft the contents of the contract.
5. Stay aligned.
In this last step, the parties will add in all their relationship management mechanisms.
Sir Harry Gibbs Legal Heritage Centre | Supreme Court Library Queensland (https://sclqld.org.au)
Our team | Creative Contracts (https://creative-contracts.com)
Learn with WorldCC Certifications, Coaching & Apprenticeships
Aurecon Contract | PDF (https://scribd.com)
This page was researched and designed by Gabrielle DiGello
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