It is generally known that the earlier a dispute or a potential dispute is addressed, the better the chances of a fair and prompt solution. Louis M. It has been, and still is, well known to many legal professionals and every business manager that:. In order to understand the general principles of proactive law, Edward E.
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Dauer has identified the core principles of preventive law, as these principles create the foundation on which proactive law and proactive contracting is built. The four core principles of preventive law are: . The proactive law movement encompasses the basic principles of preventive law stated by Edward E.
Dauer, namely preventing what is not desirable, and keeping problems and risks from materializing. Thus, preventive law constitute the foundation of proactive law. To this preventive dimension of law, proactive law adds a second aspect, which is often neglected in traditional law — known as the promotive dimension. The nature of the promotive dimension is positive and promotes what is desirable while encouraging good behavior. This is the distinction to preventive law.
In a legal context, proactive law emphasizes the importance of collaboration between legal professionals and other disciplines, in order to achieve the desired goals in circumstances where legal expertise works in collaboration with other professionals involved. In proactive law the need for dialogue between different understandings is thus emphasized. In a medical context the preventive law prevents ill health, while proactive law promotes well-being. Businesses need to manage their compliance with the law and align it to business objectives. In order to do this, not only lawyers, in-house counsels and regulators need to know the law, but also managers and other stakeholders need to have basic knowledge and understanding of the legal mines.
When the business have the capability of navigating past the mines through legal literacy and awareness , it has used the law in a proactive manner that in the end may constitute a source of competitive advantage. Contracts and contracting processes are complex and often involve cross-professional collaboration. The different stakeholders to a contract each represent their respective area of responsibility, e. In order to promote successful contracting, the stakeholders to a contract thus need mutual understanding in order to collaborate efficiently.
The quest is thus to go from theoretically to practically applicable solutions, in order to obtain a competitive advantage. One big leap in this process is recognition of the benefits that proactive law brings into contracting. It all starts with the managers. If they are not confident that the proactive approach is beneficial, then the implementation has no foundation. It is crucial that the managers are convinced that this new approach maximizes the business opportunities while minimizing the risk.
Just as important, the managers need tools in order to be able to see that implementation of the proactive approach in business processes is within reach. In order to achieve a sustainable competitive advantage through proactive contracting, there is a strong consensus that the following points need to be integrated in the business overall strategy and business processes.
It is obvious that the earlier a potential dispute is addressed, the better the chance of a prompt and fair solution. This implies that even in situations where the parties have applied the best thinkable proactive approach to their contract, not all disputes can be avoided. If the parties lack common understanding of what they have agreed upon, this will trigger disputes. The proactive law approach to contracting tells us that the essential thing is to anticipate human behavior , thus being prepared to take control of situations that the parties in their agreement did not predict.
The parties should take control of contingencies by considering the best method to resolve a dispute. The aim in ADR is to avoid unnecessary escalation of problems, as value is protected through proper dispute resolution. The most successful approach in solving disputes is based on preventing them from occurring by promoting a mutually healthy relationship. By handling problems early, businesses might prevent time consuming resolutions from evolving and thereby save costs and promote value.
This requires proper understanding of the mutual goals of the relationship through disclosure of procedures that aim at identifying possible sources of disagreements before they arise. Therefore, a clear dispute resolution policy provides an important strategic advantage in identifying the source of disagreement and deals with them before they develop into severe disputes. Besides avoiding costs from occurring, an ADR strategy limits the time spent by management on litigation. Thus, the costly disruption of litigation and the opportunity cost are limited.
Besides preventing escalation of the dispute, the parties are able to anticipate the next step of the resolution process, as the procedure has been contractually agreed. The optimal resolution for the parties is not reached through traditional litigation, by referring to their rights and obligations.
Instead the parties should be more proactive and find a solution that is in the best interest of both parties in order to minimize losses derived from their disagreement. This enhances the chances that their relationship will continue in the future. A recent survey shows that the most favored ADR in international contracts is, arbitration.
This indeed shows that businesses miss the opportunities provided by avoiding immediate escalation. The proactive approach to law suggests that contracts are more than just a legal insurance policy that handles the case that one party does not perform. Contracts should be considered as a management tool that visualizes the goals to reach and how to reach them. The quest is thus to change the way contracts are communicated, perceived and taught.
A promising new direction for contracting practice is developing though the use of non-textual communication , which deals with visualization of legal information combined with strategy visualization. In order to facilitate a meeting of the parties' mind, visual techniques is considered a proactive contracting-resource.
The idea of using visuals in contracting processes has evolved in Europe and especially Germany. This field of research is also known as - Rechtsvisualisierung. A survey conducted by IACCM  suggests that the majority of businesses expect that there will be greater use of visual techniques in contracting, and that visualization will play a main role in achieving better and more successful contracts in the coming years.
In general, visualization is understood as a graphic presentation that depicts information in a way that is conductive to acquiring insight, developing and elaborating understanding, or communicating experience. In this context, the idea of visualization is to communicate through visual legal tools in order to convey information in a way that makes it easily understandable by the users of the contract.
The need for visual communication is reflected in the growing use of visual tools in businesses to explain legal concepts in legal education. However, most contracts still lack visualization, and instead use text in black and white. Businesses that take this traditional approach face huge opportunities for improvements. The research field of visual contracts is quite new, and lack solutions. In addition to visual contracts, managers need to avoid focusing on single objectives.
Instead emphasis should be on the duration of their customer relationship, the innovation that have resulted from their interactions, and the referral business that can be traced to those customers. As stated by George J. By going to the balcony - symbolizing the holistic view - managers become proactive as they view contracts in a big picture perspective. The focus on contracts is thus changed from a legal tool to the broader view of contracts as a management tool.
Managers, who want to become proactive, need to challenge the conventional wisdom that contracts are legal documents and instead adopting a view of contracts as a source of innovation through collaboration. The fundamental components that managers need to adapt into contracting processes , in order to become proactive, are centralized around leadership. Proactive leadership facilitates the environment needed for supporting an organization that enables high performance and good behavior that encourages collaborative contracting.
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The balcony view provides managers with a holistic mindset that facilitates the foundation for proactive leadership. With this revised focus, the parties can attempt to establish procedures for more open information flows and greater transparency in order to signalize their intentions to collaborate and work together to manage risks and optimize results. Thus, contracts are no longer a necessary evil, but rather an instrument that, when handled proactively, facilitates a competitive advantage. You will find answers to the questions about your employment responsibilities and entitlements on the job, including regulations for employment standards such as wages, termination and vacation pay, legislation on human rights and workplace health and safety, and information on privacy.
This two hour course is for workers who want to know more about employment rules in the Alberta workforce. Back to Top Describe the process for each type of isolation and securing procedure. This minute course was designed by your Safety in Schools team to give students a look into the real lives of people who have suffered workplace injuries and fatalities and their loved ones. This course introduces students to some of their basic rights and responsibilities in the workplace and then takes them through three filmed interviews by two people who suffered severe workplace injuries as young workers, as well as one father who lost his son in a preventable falling incident at an Alberta worksite.
We recommend this course as an addition to your CALM curriculum, and to any student who is about to begin working. This course was built using Captivate and can be found in our Safety in Schools library and on our Resource Portal. This minute course is the result of a series of contests that we ran throughout and Students sent in essays and videos to us describing a workplace incident that they either witnessed or experienced and what they learned from that experience.
This course is easily relatable to young workers, as it features the real-life experiences of people their own age in workplaces similar to their own. This course was built using Articulate and can be found in our Safety in Schools library and on our Resource Portal. This minute course introduces students to the dangers of working with or around heavy machinery. Students taking this course will learn about the importance of conducting a proper Job Hazard Analysis, communicating effectively with Equipment Operators, and other important things to know in order to stay safe around this kind of equipment.
Students are then taken through a series of case studies of real-life incidents in which people were severely injured or killed working with Heavy Machinery. Learning from the real-life experiences of others helps students to understand that safety is not just an abstract idea or a box to tick in the morning.
We recommend this course as an addition to your safety curriculum in high school shop classes, and to any student who is interested in or about to begin any job that involves working with or near heavy machinery. This minute course introduces students to the common hazards that they will encounter working in a retail or commercial automotive repair shop, common injuries sustained in this industry, and their shared responsibility with their employer when it comes to workplace safety.
Students are given examples of what a safe and responsible workplace looks like and the types of information that they should expect to be given during their training and orientation when beginning a new job at an automotive repair shop.
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We recommend this course as an addition to your safety curriculum in high school shop classes, and to any student who is interested in or about to begin any job that involves working in a retail or commercial automotive repair shop. This minute course introduces students to the basics of safe digging, including the steps involved in requesting a locate and respecting the marks, before going on to explore the various societal impacts that occur when ground disturbance goes wrong. Students taking this course will come away with a better understanding of the facilities and utilities that are buried underground, the process to avoid damaging those facilities, and the widespread societal costs and impacts that occur when damages do happen.
We recommend this course as an inclusion in your AGR curriculum, and to any student who may undertaking any digging activities either at home or in the workplace. Back to Top. This course was developed in partnership with the Alberta Common Ground Alliance and was our first foray into developing resources for elementary school aged children.
This minute course teaches young people how to use, store and transport propane and natural gas safely. The course includes barbecue safety, transportation and storage, signs of carbon monoxide poisoning, the differences between propane and natural gas and more. The course also includes a look at some real-life incidents that have occurred when people did not take proper precautions.