ABSTRACT

As we have shown in previous chapters, there has been considerable discussion and some research on the incidence of agreements and their justification. In this chapter, we consider the issues which arise in relation to the practices of negotiating agreements and their subsequent management. This requires attention to both the micropolitics of negotiation, and a range of technical and administrative matters raised by the challenge of drafting, recording and enforcing agreements. These considerations are important, not merely with respect to administrative efficiency. If negotiating practices are unsophisticated, or legal drafting inept, and if the management of agreements is neglected, then the effectiveness and accountability of the negotiation of obligations through agreements will be called into question. Few studies have given much attention to these issues. Nevertheless, research commissioned by the Department of the Environment (Grimley J.R.Eve et al., 1992) and the Scottish Office (Durman and RowanRobinson, 1991) contains some discussion of the way agreements were negotiated.