Swiss Re Ag · SIX:SREN
Swiss Re — Investor Presentation (March 2016)
44 slides from Swiss Re's investor presentation, Mar 30, 2016
Slide 1: Simplifying contracts through language and design: Experiences and challenges
Simplifying contracts through language and design: Experiences and challenges Rob Waller • Jenny Waller 30 March 2016 1
Slide 2: Contracts and communication effectiveness
Contracts and communication effectiveness • Communication effectiveness is recognised in law for consumer contracts. 2
Slide 3: EU Consumer Rights Directive
EU Consumer Rights Directive 1. With respect to distance contracts, the trader shall give the information provided for in Article 6(1) or make that information available to the consumer in a way appropriate to the means of distance communication used in plain and intelligible language. In so far as
Slide 4: UK Consumer Rights Act 2015
UK Consumer Rights Act 2015 (3) A term is transparent for the purposes of this Part if it is expressed in plain and intelligible language and (in the case of a written term) is legible. (4) A term is prominent for the purposes of this section if it is brought to the consumer’s attention in such a wa
Slide 5: “a reasonably well-informed, observant and circumspect” consumer
“a reasonably well-informed, observant and circumspect” consumer No … term is likely to meet the transparency test if it requires ‘some legal mining to bring it to the surface … the typical consumer is not a miner for these purposes’* * See The Office of Fair Trading v Foxtons Ltd [2009] EWHC 1681 (
Slide 6: Innovative solutions
Innovative solutions TERMS & CONSU CONDITIONS M A POWER ER PROTECT ND S ION FIN ING Call for Evi dence MARCH 20 16 From optional guidance on EU Directive for digital products “…in this call for evidence we are looking for practical ways to make T&Cs more transparent and accessible for customers.” Ni
Slide 7: What about business contracts?
What about business contracts? • IACCM Contract Design Assessment criteria – Language: How understandable are the words in your contract? – Design: Does the design make the contract structure clear and easy to read? – Relationship: How far does your document go to cultivate a positive relationship a
Slide 8: Case study: Oil and Gas Company
Case study: Oil and Gas Company • We have been working with an oil and gas company based in Calgary, Canada. • Where they operate among First Nation communities, they have a commitment to engage with local contractors. • Their current procurement processes are seen as a barrier. 8
Slide 9: Project
Project • Approach – Desk research and analysis – Stakeholder interviews within the oil company’s staff and among Aboriginal contractors – Prototype development. • Project team: – Jenny Waller (consultancy, clear language) – Rob Waller (document design) – Helena Haapio (preventive law) – Gary Crag (
Slide 10: The challenge
The challenge Logo PROPOSAL REFERENCE: NXC-123456 TITLE: North Pines Project, Trucking Services CONFIDENTIAL AND PROPRIETARY February 25th 2014 REQUEST FOR PROPOSAL PROPOSAL REFERENCE NO. NXC-123456 North Pines Project Trucking Services Dear Sir or Madam: Example ULC (“Owner”) hereby invites your or
Slide 11: Complex document set
Complex document set • 4 or 5 documents, with attachments and appendices • Focus on contract terms and bidding process – scope buried deep inside the document set. 11
Slide 12: First Nations users: research
First Nations users: research • Little history of formal contracting 12
Slide 13: Literacies
Literacies • General literacy • Functional literacy • Financial literacy • Native literacy • The impact of cultural crisis on literacy 13
Slide 14: General literacy
General literacy • Data from government statistics • 34% of First Nation communities don’t complete high school – Rising to 50% on reserve • 31% of First Nations living on reserve have no formal education – Hostility to education a result of the residential schools programme – 150,000 children forci
Slide 15: Functional literacy
Functional literacy • Literacy “is not about whether people can read a sentence. Instead it is about what adults can measurably do” • Three measures – Prose literacy – Document literacy – Quantitative literacy 15
Slide 16: Functional literacy levels
Functional literacy levels • Level 3 (of 5) is, according to the OECD “the minimum desirable level to cope adequately with some of the complex demands of everyday life and work” – Example: form with under 10 entry fields • Complex tasks include integrating sources of information or using specialized
Slide 17: Financial literacy
Financial literacy • “Having the knowledge, skills and confidence to male responsible financial decisions” • First Nations outside the mainstream financial services – Regard them as unwelcoming, intimidating and white • Problems include: – Low numeracy – Remoteness and lack of access to services – L
Slide 18: Native literacy: The literacy rainbow
Native literacy: The literacy rainbow 18
Slide 19: The impact of culture on literacy
The impact of culture on literacy • History of social and educational deprivation • History of political tension: broken treaties, residential schools • Cultural differences – Importance of trusted relationships – Importance of respect (‘chief to chief’) • Different levels of sophistication – In dev
Slide 20: A culture in crisis
A culture in crisis 20
Slide 21: The impact of crisis
The impact of crisis • Problems with understanding and remembering information • Attention deficits and low concentration • Cognitive distortions and the tendency to misinterpret • Heightened emotional responses • Difficulty in making decisions • Irrational worries 21
Slide 22: How they cope
How they cope • “Doing the bids is an overwhelming task. We’ve been doing it for 10 years and we still have to read everything in case something’s missing.” (Aboriginal contractor). • Strategies for managing this complexity: – Ignoring anything they cannot understand. – Guessing at meaning based on
Slide 23: Addressing the challenge
Addressing Logo PROPOSAL REFERENCE: NXC-123456 TITLE: North Pines Project, Trucking Services the challenge CONFIDENTIAL AND PROPRIETARY February 25th 2014 REQUEST FOR PROPOSAL PROPOSAL REFERENCE NO. NXC-123456 North Pines Project Trucking Services Dear Sir or Madam: Example ULC (“Owner”) hereby invi
Slide 24: Redesigned invitation letter
Logo Mr A Supplier [Address 1] . [Address 2] [Address 3] 12 February 2016 Personalised salutation Icons and colour Dear Mr Supplier coding: learnings from We need site clearing and trucking services web design Clear topic heading We need contractors to provide trucking services for our North Pines p
Slide 25: More about the work
Colour coding to More about the work differentiate sheets: “The orange one” The North Pines The North Pines project is about building a Map to project storage depot plant near North Pines, Alberta. contextualise One topic the project chunked into four North Pines parts The site clearing We need to c
Slide 26: Let us know if you are interested
Let us know if you are interested Colour coding to differentiate sheets: “The blue one” Let us know by: If you are interested in this work, please send this form back to us by 12 noon 12 March 2016 on 12 March 2016, so that we can send you more information 12 noon Email: [email protected]. Prior
Slide 27: The contract documentation
The contract documentation CONTRACT/TENDER REFERENCE [TENDER REFERENCE] CONTRACT/TENDER REFERENCE [TENDER REFERENCE] Request Document, or within thirty (30) days following the performance Equipment or replace such Equipment with comparable equipment as of the Services, as applicable. Owner and Contr
Slide 28: From legal text to user guides
Exhibit B Possible new RFP document set From legal text to B 1.0 Definitions B 2.0 Contract price user guides Guide to Invoicing About your B 3.0 Changes company: (generic) prequalification B 4.0 Invoicing and payment form if needed B 5.0 Escalation Guide to Pricing (generic) B-1 Pricing Signature p
Slide 29: Guide to invoicing
Guide to Guide to invoicing Logo invoicing Where to send your invoices Send your invoices to: Example ULC, Attention: Accounts Payable, Box 1234, Station X, Calgary, Alberta A1B 2C3 Courier delivery: 123 4th Ave, Calgary, Alberta A1B 2P3. • Icons You can also use e-invoicing for faster payment. To r
Slide 30: Guide to invoicing
Guide to Any problems? Questions about invoice coding or to get your PO number: call the ExampleCo representative who requested the goods or service. invoicing Changes to your Vendor Information: (such as your legal name, contact names, address, bank). Call Accounts Payable Customer Services on (123
Slide 31: Guide to invoicing
Guide to Reference information to put Your company name and address. A clear heading saying ‘INVOICE’. invoicing on your invoice A unique invoice number that you have not used for any other invoices. Your Company Name Invoice date. Your address line 1 Your Company Your address line 2 Post code Tel:
Slide 32: Guide to Pricing
Guide to Pricing 3. Personnel rates What are Personnel Personnel rates include all the costs that come with employing people: rates • Wages. • Explains clearly • Payroll Burden amounts (extra costs of employing people, defined further below). Personnel rates what to include. • Overheads, such as too
Slide 33: Guide to reporting
Guide to reporting 1. Regular reports you need to send • Various reporting Monthly Progress Send the Owner’s Representative a progress report at the end of every Report month. It should cover: Progress with the job (what has been done). requirements are Safety update: • Hours worked scattered throug
Slide 34: Requirements Document
Icon indicates a Requirements document to be submitted Your project proposal [Use in cases where Nexen expects the supplier to plan and manage an entire project]. Document ✘ a Project Proposal explaining how you will do the work, and demonstrating your Provide understanding of the work, and any pote
Slide 35: Principles for clear language and design
Principles for clear language and design 35
Slide 36: User guides: prototypical information genre
User guides: prototypical information genre • Strong navigation Exposure Metering Choose how the camera sets exposure in P, S, A, and M modes (in other modes, the camera selects the metering method automatically). • Graphic structuring 1 Place the cursor in the information display. If shooting infor
Slide 37: Typical user guide
Typical user guide Exposure Metering Choose how the camera sets exposure in P, S, A, and M modes (in other modes, the camera selects the metering method automatically). Grey tab for section start 1 Place the cursor in the information display. If shooting information is not displayed in the monitor,
Slide 38: Principles for clear language
Principles for clear language • Plain English – Common words – Short sentences – Active constructions – Personal pronouns (‘we’, ’you’) • Beyond plain English: things to avoid, based on cognitive science – Overestimating your audience’s knowledge – Overestimating your audience’s cognitive capacity –
Slide 39: Barriers to simplification
Barriers to simplification 39
Slide 40: Accidental reasons
Accidental reasons • Memories from early education – “I thought you weren’t supposed to…” • Legacy – “We’ve always done it this way” • Professional limitations – “It’s the best I can do in the time” 40
Slide 41: Intentional reasons
Intentional reasons • Professionalism – “This is precisely what it means – alternatives are not as accurate” • The intelligent reader defense – “Our audience is educated – this is appropriate” • Assumptions about “dumbing down” – Complex is good: clear is for dummies • The intrinsic complexity argum
Slide 42: Conclusions
Conclusions • First Nations audience focused us on clear communications, but applicability much wider • Tried and tested solutions from user-centred information types • Most objections to simplification are predictable, and there are well-argued responses available. • Important issues we have not co
Slide 43: Thanks!
Thanks! • www.simplificationcentre.org.uk 43
Slide 44: Basic Copyright Notice & Disclaimer
Basic Copyright Notice & Disclaimer ©2016 This presentation is copyright protected. All rights reserved. You may download or print out a hard copy for your private or internal use. You are not permitted to create any modifications or derivatives of this presentation without the prior written permiss