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Contract negotiation and AI: How can artificial intelligence redefine the way we negotiate?

Isaure de l'Assomption
June 3, 2024
5
min read
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Whether it is to negotiate supply contracts, partnership agreements or terms of service, every commercial agreement is based on effective negotiation.

Traditionally, negotiation involved extended exchanges As well as a detailed analysis documents requiring considerable human expertise. Today, artificial intelligence is adding a new dimension by automating analyses and providing recommendations based on data.

This article explores how artificial intelligence is redefining how businesses approach contract negotiation, transforming this ancient art into a modern science.

Evolution of contract negotiation

History of negotiation

Negotiating contracts has always been a central part of business relationships. Negotiations often involved several stakeholders, numerous meetings and a multitude of versions of documents to be revised.

This approach was not only slow but also prone to errors and omissions, which could lead to misunderstandings, costly litigation, and delays in reaching agreements.

Transition to AI

Since the democratization of AI with ChatGPT, new technologies such as natural language processing (NLP) and robotic process automation (RPA) make it possible to simplify and accelerate these processes, reducing human errors and improving efficiency (Generis Global Legal Services).

NLP allows AI systems to understand contract language, facilitating identification of critical clauses. RPA automates repetitive administrative tasks, speeding up contract review and approval.

By integrating specialized AIs in contractual negotiation, businesses can process large amounts of data fluidly, and make informed decisions.

Now we'll look at how AI is redefining the way businesses approach negotiations, making the process more agile and strategic.

Improving efficiency with AI

Automating the review of contracts

AI algorithms can quickly analyze vast amounts of contract data, identify and extract key information, and detect critical clauses and potential risks. This greatly reduces the need for manual review, speeding up the process and improving accuracy. According to Generis Global Legal Services, the use of AI for contract review makes it possible to minimize errors and ensure increased compliance with regulations.

Intelligent document generation

Through semantic analysis, generative AIs understand the context and nuances of legal terms, allowing for consistent and relevant content to be written. These systems can automatically create contract templates based on predefined criteria, ensuring consistency and increased compliance with current regulations. According to a study by HogoNext, AI is able to propose clauses that comply with current laws, thus minimizing legal risks.

Accuracy and risk reduction

Risk identification and analysis

Artificial intelligence (AI) plays a crucial role in identifying and analysing contractual risks. AI algorithms are able to automatically detect potential risks in contract terms, which allows for proactive risk management.

By analyzing contracts in depth, these algorithms can identify terms and conditions that may pose legal or financial problems. For example, an AI may point out an indemnification clause that could expose the company to excessive liability. This allows legal teams to change or negotiate these clauses before the contract is finalized, reducing the risk of future litigation.

Legal compliance

AI systems are able to automatically monitor legislative and regulatory changes, ensuring that contracts always remain up to date and in compliance with applicable laws. This allows businesses to negotiate with confidence, confident that their contracts are legally comprehensive and solid.

By having compliant and up to date contracts, businesses can focus on strategic aspects of negotiation. Negotiators can be assured that the terms proposed comply with current regulations, which strengthens their position and facilitates the rapid conclusion of agreements.

During negotiations, demonstrating that contracts comply with the latest regulations reinforces the confidence of business partners. This transparency and legal rigor increase the credibility of the company, thus facilitating smoother negotiations and stronger business relationships.

If you want to know more about AI applied to the legal sector as a whole, read our White book on the subject!

Ethical challenges and considerations

Data security and confidentiality

The integration of artificial intelligence (AI) in contract negotiations raises concerns major concerns about data security and privacy. AI systems often deal with sensitive information, including personal and financial data, which needs to be protected from breaches and cyberattacks.

Securing this data requires the implementation of robust measures such as encryption, the access controls strict and regular audits to detect and prevent any intrusion. By ensuring data protection, businesses can maintaining the trust of stakeholders and comply with privacy regulations in force.

Bias and equity

Another important challenge Is to manage biases in AI algorithms. These systems learn from data that may have historical or systematic biases. If these biases are not identified and corrected, they can continue to create inequalities in contract negotiations, unintentionally benefiting some people and putting others at a disadvantage.

To ensure fair and equitable negotiations, it is essential to monitor AI algorithms and to make regular corrections. Businesses should also promote transparency by making algorithmic processes auditable and by involving ethics and legal experts in the design and review of AI systems.

Simplified contractual negotiation with Autolex AI

Saving time, reducing risks or even improving accuracy, AI has many advantages in negotiation, and is likely to revolutionize the way trade agreements are handled.

Do you want to integrate generative AI into your negotiation process? Autolex is a software from legal contract reviews who analyzes and compares your legal contracts with your company's strategy.

If you are interested, feel free to start your 7-day free trial just hither !

Question/Answers

1. How can AI improve negotiation following a call for tenders?

In the long run, quickly comparing the various proposals would make it possible to shorten response times and highlight the clauses to be renegotiated.

2. Will a human be required to negotiate with an AI?

The ambition of these new technologies is to allow companies to focus on the strategic challenges of an agreement. So, a human will always be confronted with the will of another person. Nevertheless, AI will certainly be the exchange interface on which humans communicate.

3. Is the art of negotiation going to be lost?

Although AI simplifies negotiation, humans remain central to this process. Several factors are still impossible for AI to take into account, which shows that negotiating is still a necessary quality in a company.

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