Preview - Skills of a Legal Mediator

Summary

The transcript discusses a complex contract negotiation for an exclusive distribution deal of an oximeter in India that went awry. The distributor failed to sell the products as agreed, leading to a dispute over a 1.6 million claim unrelated to the written contract. Mediation is suggested to resolve the issue, with the potential shift from exclusive to non-exclusive distribution affecting the distributor's incentives. The speaker offers to provide predictions for the contract case and seeks a final offer, hinting at a willingness to compromise at 220, which could be sold as a better deal than 200 or 215.

Takeaways

• 📝 The parties negotiated an exclusive contract for a long-term deal involving the distribution of oximeters in India.
• 🚫 The agreement stipulated that the distributor was to exclusively sell the products but failed to do so.
• 🤔 There is uncertainty about the distributor's response to the breach of contract.
• 💡 The distributor was expected to invest due to the exclusivity and potential future profits.
• 🔄 The situation has changed to non-exclusive, which could impact the distributor's interest and investment.
• 💼 There is a discrepancy between the 1.6 million mentioned and the distributor's theory based on the written contract.
• 📚 Legal issues are set aside for a moment to focus on the non-legal aspects of the situation.
• 🤝 The distributor's initial interest was tied to the exclusivity and the potential for significant returns.
• ⚖️ The script suggests considering the risks and outcomes if the case proceeds to trial.
• 🔮 An offer of 220 is made, with the implication that it is the final and best offer, and acceptance would close the matter.
• 🗣️ There is a request for a last and final offer, indicating a desire to resolve the issue amicably.

Q & A

What was the nature of the contract discussed in the transcript?

The contract discussed was an exclusive distribution agreement for an oximeter in India.

What was the issue with the agreement as per the transcript?

The issue was that the other party failed to sell the products as agreed upon in the exclusive contract.

What does the speaker suspect the other party's response will be regarding the breach of contract?

The speaker suspects that the other party will not be pleased with the situation, given the breach of the exclusive agreement.

What is the discrepancy between the 1.6 million and the written contract mentioned in the transcript?

The 1.6 million is not related to the other party's theory, which is tied to the written contract, while the speaker's estimation is based on the understanding they had with the other party.

Why was it in the other party's interest to spend five hundred thousand dollars as per the transcript?

It was in their interest because they were the exclusive distributor and expected to benefit from all the future profits.

What is the current status of the contract according to the transcript?

The contract is now in question as it is moving from being exclusive to non-exclusive.

What is the speaker's suggestion for the next steps regarding the contract dispute?

The speaker suggests mediation and is willing to provide predictions of what might happen if the case goes to trial.

What is the risk assessment perspective that the speaker's lawyer would consider for the trial?

The lawyer would assess the risks based on the legal and non-legal aspects, including the potential outcomes and the strength of the case.

What final offer is the speaker willing to make in the transcript?

The speaker is willing to make a final offer of 220, which they believe is a reasonable increase from the initial 200.

What is the significance of the speaker saying they will never come back after the final offer?

It signifies that the speaker is making their best and final attempt to resolve the issue, indicating the seriousness of their offer.

How does the speaker view the proposed increase from 200 to 215 in the context of the contract?

The speaker views the increase as a minimal improvement and is seeking a more substantial offer of 220 to sell to the other party.