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Negotiations & ADR

You would like your local (contract) negotiations conducted successfully? ASEAN Business Partners believes that a good agreement is one which is wise and efficient, and which improves the parties’ relationship. Wise agreements satisfy the parties’ interests and are fair and lasting. The usual “positional bargaining” approach is an inefficient means of reaching fair and lasting agreements, as it tends to neglect the parties’ underlying interests. Positional bargaining also encourages stubbornness and so tends to harm the parties’ relationship. Being familiar with ASEAN business and negotiation culture, ASEAN Business Partners will apply for you – in an Asian context – the so-called “principled negotiation” approach which provides a better way of reaching fair and lasting agreements. Principled negotiation is based on four principles, and can be used effectively in almost any type of dispute. The four principles are 1) separate the people from the problem; 2) focus on interests rather than positions; 3) generate a variety of options before settling on an agreement; and 4) insist that the agreement be based on objective criteria. Beyond conducting the negotiations on your behalf, we will also work out for you the necessary contractual documentation. We also train your staff in the areas of inter-cultural communication, negotiation and conflict resolutions.

Alternative Dispute Resolution (ADR):
You would like to settle a local conflict and avoid going to court? Time-saving and cost-effective ADR methods are increasingly in demand in ASEAN, mostly due to the uncertain outcome and the timing uncertainty in regular court proceedings. But also the increasing complexity of business disputes, closer economic ties between companies and the resulting need to maintain business relationships during and after disputes has made alternative dispute resolution more popular, particularly in ASEAN. In addition to classical arbitration, these methods primarily include mediation, conciliation, adjudication and expert determination. Our specialist cooperation lawyers not only advise on the most suitable method of resolving the specific dispute. They also have the expertise to conduct the relevant proceedings and act as arbitrators, negotiators and business mediator, especially at the Singapore International Arbitration Center that isof major importance in the ASEAN region.

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