This was the term used by a far-sighted participant at the recent IACCM Europe Conference. He was emphasizing the point that the influence of contract managers and lawyers depends increasingly on delivering facts, not mere opinions.
‘Beyond anecdotal’ means we must stop relying on fear tactics based on worst-case scenarios, and instead offer more objective advice anchored in research and analysis. This requires a robust view of probabilities, which can only come from holistic analysis of many contracts and market experiences, rather than selection of worst-case examples. It also demands that we become better at saying what will work, rather than focusing on problems.
Past reliance on worst-case scenarios and the things that might go wrong has constrained the value of contract management. ‘Beyond anecdotal’ is a term we should all adopt to ensure our advice is balanced, relevant and respected. It also forces us to answer some tough questions – for example, how do we explain why Limits of Liability is top of our list of ‘most negotiated terms’ when the probability of litigation is 0.007% and the probability of a disagreement over scope is 38%?