When we are helping clients to rehabilitate their terms of business, we often need to reflect on the nature and quality of their agreement (and its opposite). And although we have been taught that agreement is good and that disagreement or conflict is bad, adopting an accord-centred approach makes it possible to reflect a little…
"After your scale of fees and charges ... your dispute resolution clause might just be the most important thing in your terms of business"
Approaching the matter conservatively, I generally like to see sophisticated and robust provisions that cover many different eventualities. But that leads to complexity; and complex documents can be difficult to use.