* ProActive Think Tank

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August 4, 2007
The ProActive ThinkTank is a forum for business leaders, lawyers, academics and educators to discuss, develop and promote the proactive management of relationships, contracts and risks and the prevention of legal uncertainties and disputes.

Objectives
The ProActive ThinkTank aims at raising business leaders’, managers’ and lawyers’ awareness of the techniques and successes of a proactive approach to enable a sound foundation for business success, optimising risk/return and reducing legal problems.

To reach this goal, the ProActive ThinkTank encourages its participants, stakeholders and others to work to:

identify the methods and techniques that work and the skills and competencies that are required; and practice, teach, strengthen and disseminate them;
promote awareness of the proactive approach through case studies, successful initiatives, publications, and conferences;
form a body of knowledge and a framework for continuing education and professional development; establish a theoretical foundation; and increase learning and development opportunities for business and legal practitioners;
develop and share training programmes and materials in areas such as proactive contracting, risk management, proactive/preventive law and ethics, customized for Business Schools, Law Schools and other educational institutions; and
build a strong bridge between the business world and the academic world, and the management world and the legal world.

Notes

In the practice of medicine, the emphasis is increasingly on preventing illnesses before they occur. Even in other professions, such as quality management, prevention has long been known to be more effective than control and reactive corrective action. A growing number of lawyers now help their clients prevent and control disputes.
In respect of proactive/preventive law and proactive contracting, a body of practice and literature already exists, see www.proactivethinktank.com, the Nordic School of Proactive Law, http://www.proactivelaw.org, and the National Center for Preventive Law, www.preventivelawyer.com.
Proactive law has its origins in preventive law first introduced by Louis M. Brown in the 1950s. His legacy is carried on through the National Center for Preventive Law at the California Western School of Law in San Diego. By proactive contracting we refer to the use of contracting practices that merge proactive law with good contract, project, quality and risk management practices.
Among the first goals of the ProActive ThinkTank is establishing an education programme in the field of proactive law and ethics, customized for business people and lawyers, that can be hosted by universities and educational institutions in various parts of the world.
Better lawmaking and responsible entrepreneurship are priorities within the European Union. The former encompasses such objectives as simplification, reduction of burdens and costs, and improved implementation. The latter denotes strategies to attain sustainable development and integrate corporate social responsibility in interactions. The proactive approach appears to offer a methodology, tools and techniques that can help achieve these objectives. The ProActive ThinkTank aims to work with the relevant parties to contribute to bridging the gap between law makers and the users of laws on the ground, citizens and business alike, and to embed proactive approaches and good governance in business and legal practices to support responsible entrepreneurship.

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