A pivotal interactional role to oversee contract negotiation activity: Insights into a key interdisciplinary legal-business practice

2019 ◽  
Vol 13 (2) ◽  
pp. 228-248
Author(s):  
Anthony Townley

Based on ethnographic and linguistic analyses, this article describes the discourse-related practices and interactional role behaviours of an experienced lawyer who assumed a pivotal role in the negotiation of a Mergers-and-Acquisitions (M&A) type transaction vis-a-vis a number of other legal and financial professionals. Set in an international business context, all communication took place in English and for the most part via email. Complex discursive processes facilitated close interdisciplinary engagement and, more particularly, required that a single individual assume a key interactional role to oversee and advance the negotiation activities. This pivotal role entailed the strategic use of language and discourse to negotiate, account for, and justify the various stages of the negotiation. In addition to textual analyses of the negotiated contract and attendant emails, interviews were conducted with the principal lawyer and her senior partner in order to examine the textual findings grounded in the organisational context of a law firm and produce an ontology of this negotiation process. These research findings could be used to assist novice lawyers and business professionals to understand some of the discourse strategies and interactional roles that are often so critical for commercial contract negotiation activities.

Author(s):  
Anthony Townley

Abstract Emails have become the institutionalised communication medium for many discourse activities in work contexts. Sociolinguistic research in this area has mainly focused on the textual and communicative conventions of emails, as defined by disciplinary cultures and practices. This study is the first to analyse the intertextual nature of email communication for commercial contract negotiation purposes, with a particular focus on the communicative function of embedded emails. This concept relates to a genre of email discourse, which embeds the meaning of a series of messages generated by different participants in response to the original email, hence the name ‘embedded emails’. This study uses discourse and genre analysis to examine how a geographically dispersed team of legal and business professionals in Europe exploited the dialogic nature of embedded emails to negotiate amendments to contracts pertaining to an international Merger & Acquisition (M&A) transaction in English. The findings of this study show that embedded emails facilitate transparent collaboration between the individual professionals, by enabling them to monitor the exchange of proposals and counter-proposals during the negotiation process. This documented ability to trace and participate in contract negotiation activities through intertextual chains of embedded email communication is a key feature of professional communicative competence.


Author(s):  
Victor Marques Soprana

English has become crucial for professional success within the globalized world, and indispensable for communicating with people from other countries. It has become a Lingua Franca and, therefore, has been used to speak among people with different mother tongues who share English as a second language. In light of this multicultural process, this paper aims to provide the reader with a theoretical outline about the relevance of cross-cultural and pragmatic knowledge. Such aspects need to be specially considered when developing an English course for business students as there has been a growing need for professionals to be competent users of English within the business context. Due to this specific context, we have favored an approach – English for Specific Purposes – that targets specific aspects of the language. Our focal point is to validate the need of raising both pragmatic and cross-cultural awareness when teaching business professionals as they will probably have communicative scenarios where such capabilities would be remarkably advantageous.


2013 ◽  
Vol 13 (3) ◽  
pp. 178-202 ◽  
Author(s):  
Clare O'Dwyer

AbstractIn 2008, BIALL held a pre-conference workshop in Dublin entitled “Back to Basics: Cataloguing and Classification”. The workshop raised some interesting questions about the quality of cataloguing training provided by library schools and law libraries. Although cataloguing in British law libraries has been the subject of research, no study has yet explored cataloguing in Irish law libraries. This study by Clare O'Dwyer redresses this lack of information by focusing exclusively on the Irish context. The perceptions and expectations of cataloguers are examined using a multiple case study design combining interviews and questionnaires. The libraries selected for case study are representative of the three main types of law libraries in Ireland: a professional society law library, a government law library and a law firm library. Following analysis and discussion of the research findings, the study concludes with a series of recommendations regarding the curriculum for Continuing Professional Development (CPD) and further training of cataloguers in Irish law libraries.


2019 ◽  
Vol 31 (2) ◽  
pp. 260-282 ◽  
Author(s):  
Tuan Trong Luu ◽  
Khai Dinh ◽  
David Qian

Purpose The interaction between opening and closing behaviors of ambidextrous leadership produces “change” energy among employees. The purpose of this paper is to assess the role of ambidextrous leadership in fostering job crafting via entrepreneurial orientation. The paper also seeks an insight into how organizational social exchange moderates the effect of ambidextrous leadership on entrepreneurial orientation. Design/methodology/approach Research data were garnered from 427 supervisor–subordinate dyads from software companies in the Vietnamese business context. Findings Research findings corroborated the positive relationship between ambidextrous leadership and entrepreneurial orientation, which is positively associated with job crafting. Research results also provided evidence for the mediation role of entrepreneurial orientation for the positive link between ambidextrous leadership and job crafting, as well as for the moderation role of organizational social exchange for the effect of ambidextrous leadership on entrepreneurial orientation. Originality/value Research findings have extended ambidexterity theory of leadership by identifying job crafting as an outcome of ambidextrous leadership and entrepreneurial orientation as a mediator for this relationship.


2014 ◽  
Vol 36 (2) ◽  
pp. 37-40
Author(s):  
Jen Kersey

Many anthropologists are employed outside of academia, and much as someone would expect, our day-to-day work lives look vastly different from those of our academic peers. This is because we are affected by, and work within, different circumstances. For example, the jobs of private sector practitioners are influenced by limited timelines and budgets, employers who are focused on profit rather than contributing to a greater knowledge base, and a lack of pressure and support to publish (in fact, it is sometimes discouraged). In order for a practicing anthropologist to be successful in the private sector, one must play multiple roles, understand the business context as it relates to the research, and work within multi-disciplinary teams. Our roles vary because of these circumstances as well: practicing anthropologists must prove their value to projects; they must evangelize for research within organizations and sell research to prospective clients and ensure that the research findings will be useful to their clients.


Author(s):  
Prof. Dr. Kasia Jagodzinska ◽  

The common approach to the negotiation process focuses on the external manifestation of the interaction between two parties who are trying to reach a satisfactory agreement. This view does not take into account the internal drivers of behavior of the involved parties. The externalized dynamic between the negotiators is only the secondary result of the interplay between the conscious and unconscious elements in the psyche of both parties. The condition of a long-lasting agreement is therefore a collaboration between the conscious and unconscious representation on the individual level. This article examines the transcendent function as a union between the conscious and the unconscious, specifically the ego and the self. It focuses on the tendencies of these two factors that can either hinder or make the transition of energy possible in view of reaching a successful manifested agreement. The study provides a straightforward reference that can be used by analysts and business professionals to help them understand what are the psychological aspects that affect the negotiation process, both on the individual and on the collective level.


2021 ◽  
Vol 1 (1) ◽  
pp. 1-14
Author(s):  
Dinusha Dissanayake ◽  

Purpose: Workforce healthiness is presently considering the cutting-edge duty in any organization today. The motive of this effort is to provide the best recommendations for business professionals for the survival of their business. Research methodology: The study was inductive and qualitative which conducted a methodical critique of literature as desk research. Pieces of writing in 2019 and 2020 have been reviewed. The content analysis is used as the analysis technique. Results: The researcher recognized workforce protection, business continuity, financial crisis management, contingency planning, and review as five themes associated with the core recommendations for business professionals throughout the corona rampant. Limitations: the secondary data and content analysis may cause subjective limitations to the study. Contribution: Throughout the study, business professionals can review core practices that can adapt in the enterprise under the Coronavirus. Thus, they can use research findings for strategy formulation in the future. Keywords: Covid-19, Recommendations, Business professionals


2010 ◽  
pp. 1601-1619
Author(s):  
Larbi Esmahi

E-transactions via shopping agents constitute a promising opportunity in the e-markets. In this article we will discuss the problem of contract negotiation in e-marketplaces. We succinctly present an overview of protocols commonly used to implement negotiation in e-markets. An analysis of the interaction process within e-markets according to different situation of individual and joint profit/cost is presented. We also present a case study of a marketplace for e-services using dependency relations within the negotiation process. The experimental results of this negotiation model show that a combination of utility functions and dependency relations increase the number of contacts and reduce the differences between agents’ individual profit. Finally, we conclude the article with the introduction of some potential research problems related to e-markets, which will be explored within future extensions of this work.


Author(s):  
César Hernando Rincón-González ◽  
Hugo Fernando Castro-Silva ◽  
Libardo Florez

This research work aims to analyze how project management tools and techniques help project managers to deal the disruption in projects in the Colombian business context. Firstly, a detailed literature review about project management and disruption was conducted. Secondly, a comprehensive scientometric analysis of project management and disruptive situations on this kind of endeavor was undertaken. Thirdly, tools and techniques suitable for handling disruptive situations on projects were identified. Fourthly, an extensive fieldwork over 700 organizations from the Colombian organizational context was executed. Fifthly, a detailed statistical analysis was carried out to determinate how project management tools and techniques contribute to handle disruption on this kind of initiatives. And finally, research findings were documented, a positive effect of the use of project management tools and techniques to face disruptive situations on project was found, conclusions were set, and future lines of research were defined.


1999 ◽  
Vol 1 (3) ◽  
pp. 187-197 ◽  
Author(s):  
Miriam van Nus

This paper presents a model designed to analyze written business genres within their business context. Within a context specified at the levels of organization, business sector and business community, business genres are studied with respect to writing, distribution and reading practices. As such, the model extends beyond generic textual features and allows analyses of individual and collective writing activities and textual choices writers make (i.e., writing practices), the selection of particular channels and text formats for generic textualizations (i.e., distribution practices), and the way recipients read genre texts and make choices based on their readings (i.e., reading practices). In the model, the actual analysis of textual features of genre texts is clearly embedded in a wider situational framework. This paper argues that such a framework is a prerequisite for a proper understanding of textual realizations of business genres. Moreover, it provides business professionals with a tool to design texts that are effective responses to specific communicative needs.


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