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This radio show is based upon Ira Meislik’s Ruminations blog posting ”Can We Tamp Down The Document Negotiating Fire And Just Get The Deal Done?”
Is there some way that we can get past a lot of the negotiating positioning and “beeline” it straight to the agreement or we must always do the “dog and pony show”? This will be a point/counter-point type of discussion with Ira Meislik, Joel Hall, and me taking Ira’s thoughts and suggestions for a spin, both from a landlord and a tenant perspective.
Is it possible to design a lease that both parties would or should agree upon without time-wasting negotiations? What would the parties be giving up to start with a lease form “pre-negotiated” to include those provisions that normally show up in a lease after weeks of negotiations? Can the parties trust each other to start with a “centrist-type” form? Does that make sense? Is it a realistic possibility?
In his blog posting, Ira suggests that there could be a “boilerplate” lease provision to cover many, many parts of a lease where the parties now trod through line by line. He thinks it’s possible to do that in a way that is “fair.” Somehow, I am confident that Joel and I will not entirely agree on that concept!
This should be a fun and lively discussion with some creative and positive results.
Ira Meislik, Managing Principal at Meislik & Meislik Joel Hall, The Law Offices of Joel R. Hall
It's good to talk.