Common use of Collaborative Process Clause in Contracts

Collaborative Process. It is common practice for participation agreements to describe the structure of meetings that will be utilized in the collaborative process. Joint face-to-face meetings are commonly provided for, but participation agreements sometimes include alternative venues, such as conference calls or video conferencing, in appropriate circumstances. The participation agreement might describe the interest-based negotiation process by which goals and issues are identified, facts are gathered, options are developed and analyzed, and agreements are negotiated. Also included might be negotiation principles, such as agreements to negotiate in good faith, to take reasonable positions, to be willing to compromise, to refrain from using threats of litigation, and the like.