The Structure
Module 1 - The Essentials of Contracting
Module 2 - Negotiating & Dispute Resolutions
The Goals
- Provide an understanding of how contracts are formed.
- Give in depth analysis of issues behind major contract clauses.
- Enhance understanding of different contracting strategies and structures.
- Learn how to transfer risk through different contract types.
- Understand dispute resolution techniques through courts and other alternative methods.
- Apply the main negotiation phases – Planning, Discussion, Proposing, Summarising and Concluding.
- Achieve ‘win-win’ outcomes within the bargaining process.
- Understand the significance of disputes, their causes and the long term impact they can have on business relationships.
- Identify and use strategies to resolve causes of disputes.
The Process
Training will involve a high level of interaction and delegate participation. The intention is that the trainer will explain issues, using real examples, but will then involve the delegates in discussion, using the information provided. There will also be sessions on negotiating, where delegates will work as teams to seek to agree disputes in role playing in realistic scenarios. The practical element encourages delegates to experiment with new approaches which expand their current experience and skills. Based around their self-assessments during the negotiation module, the delegates are able to seek coaching and counselling from the tutor throughout the programme - either with their peer group or individually.
Delegates are encouraged to bring real problem examples with them, for discussion on a confidential basis, and to share their experience of particular issues in their company or industry.
The Benefits
- Expanding the expertise of personnel involved in developing contractual strategies, negotiating contracts and claims.
- Delegates will be introduced to some of the latest international practices in contracting strategy and dispute resolution, and shown how to build such practices into their contract documents.
- Professionals should have more confidence in discussing issues with lawyers or with the other parties to contracts.
- Dispute avoidance skills will be enhanced, as will the ability to manage such disputes as do arise in an effective manner.
- Achieving best possible terms for an agreement with clients or suppliers.
- Bring increased vigour to their critical thinking before, during and after a negotiation.
- Increased confidence in their personal skills of influence and persuasion.
- Reduced incidence of implementation failure by either party to the agreement.
- Enhanced reputation as a highly skilled contracting specialist and negotiator and a good person to do business with.
The Results
- Total cost of Ownership should be reduced.
- Contracts should better reflect the commercial aims of the business.
- Better value for money will be achieved where contracts are well managed and understood.
- Understand the key skills involved in resolving disputes and conflict.
- Know how to apply a collaborative role in partnering strategic organisations in their markets.
- Apply critical thinking to planning, conducting and reviewing negotiations.
- Know how to reduce risks of implementation failure in agreements they have concluded.
The Core Competencies
- Developing contract strategies and structures.
- Understanding contract issues.
- Analysing and drafting contract clauses.
- Resolution of claims and disputes.
- Risk Analysis.
- Principled negotiation techniques.
- Critical thinking skills.
- Building trust.
Module I: The Essentials of Contracting
Day 1: How Contracts are Formed
- Basic principles in contract formation.
- Examples of formalities for contract formation.
- The use of written or oral contracts.
- Authority to sign a contract and basic contractual structures.
- Use of different types of contract for different business models.
Day 2: Main Contract Provisions and Associated Issues
- Scope of Work.
- How to deal in volatile market conditions.
- Delivery and acceptance.
- Termination and Suspension.
- Warranty and selecting the appropriate law to govern the contract.
Day 3: Changes and Variations
- Changes to the contract.
- Scope variations (Use of variations clauses, Evaluating scope changes).
- Extensions of time, Disruption.
- Changes in sequence and timing).
- Controlling and managing change.
Day 4: Contractual Documents and Payment Issues
- Letters of Intent and Award.
- Bonds and Progress Payments.
- Parent Company Guarantees.
- Use of commercial standard documents.
- How contracts end: Suspension and Termination and types of damages.
Day 5: Dispute Resolution
- Avoiding disputes.
- Recognising disputes when they arise.
- Contract clause to encourage negotiation.
- Third party dispute resolution (Courts, Arbitration, Alternative methods – including mediation).
- Post review and analysis.
Module II: Negotiating & Dispute Resolutions
Day 6: Fundamentals of Negotiation
- Building business relationships - impact of disputes on “partnerships”
- 4-phase structure: Preparation, Discussion, Proposing, Bargain & Close.
- Use of concessions; best alternative to a negotiated settlement (BATNeS).
- Preparing the case, objectives (entry/exit points) and concessions.
- Common mistakes to avoid.
Day 7: The Negotiator’s Toolbox
- Planning an appropriate environment for the meeting.
- Opening discussion, priorities, information needs and building trust.
- Using proposals –conditional and un-conditional to move the meeting on.
- Closing the bargain: trading concessions, summaries, recording outcomes.
- Alternatives to negotiating outcomes to a dispute.
Day 8: Negotiating Styles, Tactics and Ploys
- Cultural & international issues: negotiating styles around the World.
- Emotion and negotiation – managing negative emotions.
- Interpreting non-verbal communication – do’s and don’ts.
- Push/pull styles and silence as a tactic.
- 60 common tactics and how to counter them.
Day 9: Personal Skills in Dispute Negotiation
- Motivation – analysis of needs, interests, positions and escalation.
- Motivators of conflict and 5 alternative approaches to dispute resolution.
- Team negotiations – Why? What? How? Who? When?
- Handling conflict and deadlock.
- Personal skills development - fitness check.
Day 10: Putting it All Into Practice
- Leaders’ contribution of mission and self-belief in critical situations.
- Team allocation and orchestration of specialists - mediation process.
- Negotiation case study – plan, bargain, review, analysis of results.
- The do’s and don’ts of negotiating – success in dealing with assumptions.
- Murphy’s law - improving what we do – final action planning.
Language: English.
Place: London – UK.
Venue (TBC): Radisson Edwardian Sussex Hotel (Address: 19-25 Granville Place, Marylebone, London W1H 6PA – UK).
