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Negociation

Negotiation is a process in which two or more parties with different interests or objectives come together to reach a mutually acceptable agreement. Negotiation can take place in a variety of contexts, including: business, politics, and personal relationships.

A successful negotiation process spans across various pivotal phases such as planning, dialogue, proposition, and reaching a consensus. During the preparatory phase, both sides evaluate their individual objectives and concerns, along with those of the opposing side. One possible course of action could be to conduct research on the opposing party, collect data, and pinpoint possible points of accord and discord.

During the stage of discussion, the parties partake in a dialogic exchange of information and ideas in order to explore potential solutions pertinent to the issues at hand. The process may require the utilization of tactics such as agreeing to compromises, putting forth substitute proposals, and pursuing further elucidation on pertinent matters.

During the proposal stage, it is common practice for the involved parties to provide formal offers or counteroffers, engage in negotiations and reach a mutual understanding with regards to the stipulations and requirements of the agreement. The course of action may entail negotiating, coming to a mutually agreeable arrangement, and exploring innovative alternatives that effectively cater to the interests and requirements of each stakeholder involved.

Finally, during the stage of agreement, the involved parties arrive at a collectively satisfactory understanding and proceed to document it through the means of a written contract or alternative legal instrument. This undertaking may necessitate the identification of definitive terms and conditions stipulated in the accord, alongside any corresponding penalties and incentives with respect to adherence or non-adherence.

In conclusion, negotiation can be interpreted as a multifaceted and ever-evolving undertaking that necessitates meticulous strategizing, adept communication, and the capability to arrive at mutually agreeable resolutions. Effective negotiation is a crucial skill that can foster relationship development, conflict resolution, and the attainment of desired outcomes across diverse contexts.

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Intellectual Property (IP) is described as the creation of the mind. Intellectual Property Rights (IPR) bestow upon the inventor/creator or their assignee a solitary right to completely employ their invention/creation for a specified duration. It is widely acknowledged that IP assumes a pivotal function in contemporary economics.

The significance of intellectual labor in innovation has been firmly established, as it constitutes a crucial factor in ensuring that public benefit is derived from such endeavors. The realm of research and development (R&D) has witnessed a substantial surge in costs, accompanied by a corresponding increase in the required investments for commercializing a novel technology.

Although all doctrines of IP are intangible, IP has acquired the same attributes as tangible property. Most forms of IP can be registered, sold, leased, transferred, licensed and used as security. Further to the foregoing, Kenyan law requires that all forms of IP regardless of their place of registration to be recorded with the Government.

In IP registration, we aid in: Conducting searches to ascertain the credibility of the applications; drafting specifications, lodge applications; give clarity on any issues that arise from the applications; advise and defend clients on issues relating to registration or protection of IPR; and commercialization of IP. Further, we advise and litigate on trade secrets and traditional Knowledge. The Firm also advises on Collective Management Organizations in Copyright and undertakes Recordation of IP.

Corporate law is a legal area that presides over the conception and functioning of companies. This pertains to the fields of contract and commercial law. In conformity with state regulations, a corporation represents a commercial enterprise structured as a legal entity. The regulation of the establishment, structure, and cessation of corporations is governed by varying legislations across distinct jurisdictions. A corporation is a legal construct that exists as a separate entity from its shareholders, possessing the capacity to engage in contractual relationships, institute legal proceedings, and undertake other operations necessary for the maintenance of a commercial enterprise such as: Sole Proprietorships, Companies, and Partnerships. Religious bodies, local churches, and Non-Governmental Organizations.

Mvera, Nyanje & Mambo Advocates LLP (MN&M) has an elaborate division in authority for: actualizing or guide in the: registration of corporate bodies; Management of the corporate bodies; and dissolution of the same. In the management of corporate entities, the Firm conducts legal audits to confirm compliance of the entities with the laws in place. The essence of the legal audit is to avoid criminal liability and increase the chances of winning any legal suit to 98%.

Further, the Firm undertakes:

Corporate governance - the monitoring and regulation of a company's management activities;
Mergers and acquisitions - the strategic pursuit of one company to merge with or acquire another company.
Private equity - the process through which investors seek to invest in privately owned companies. This approach is typically preferred by investors who aspire to provide funding for early-stage businesses or gain control of established firms that are not publicly traded.
Securities - which serve to prevent activities such as fraudulent practices and insider trading.
Venture capital - collaborating with investors seeking to procure funding for nascent, emerging enterprises.

In commercial transactions, the firm has extensive experience in: conducting due diligence; drafting; executing; editing; perusing and advising on: Purchase & Sale Agreements; Non-Disclosure & Confidentiality Agreements; Capital Equipment Purchase and Leases; Commercial Security Agreements; Commercial Property Leases; Construction Contracts; Consulting Agreements; Distribution, Dealer, and Sales Representative Agreements; Employment Agreements; Guaranties for Financing; Inter-Creditor, Subordination and other Banking and Lending Agreements; Joint Venture Agreements; Loan Agreements; Mortgages, Liens, Deeds and Easements; Security Agreements/Instruments; and Shareholder Agreements among others.

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E-mail: justice@mnmlawafrica.com

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