Essentials of contracting and contract negotiation
COURSE OVERVIEW
DURATION
DATE
18-22 May 2020
FEE
£3950
LOCATION
Course Description
The Essentials of Contracting and Contract Negotiation training course will help delegates to develop their ability to negotiate contracts effectively. It will equip them with a range of interpersonal skills, and appreciation of the elements of planning and objective setting in negotiations. There will be an opportunity for delegates to carry out a self-assessment of their skills in key areas of negotiation including team negotiations.
Every day significant monies are made and lost by organizations as a result of the
contractual terms and conditions governing contracts for the purchase of goods, equipment, and services. Since all business activities are governed by contractual relationships, it is increasingly important for all those dealing with outside organizations to have an understanding of how to obtain the best possible agreement for their organization.
Who should attend
This training course will benefit all levels of personnel in contracts and project management, purchasing, supply and procurement. It will enable them to enhance their understanding of different contracting strategies and structures in a variety of applications.
This training course is suitable to a wide range of professionals but will greatly benefit:
Contracts & Contracting Unit Personnel
Project Professionals
Procurement & Purchasing Personnel
Commercial Professionals
Anyone involved in the management of risk
Course Objectives
By the end of this training course, participants will be able to:
Understand how contracts are formed
Explain how to use contract provisions to reduce the risk of disputes
Understand the impact dispute may have on relationships over the long term
Describe the use of strategies to resolve the causes of disputes
Improve appreciation of legal issues in contracts and develop new skills in
Negotiation
This course can also be taken in
Accra: 20-24 Apr, 22 -26 Jun, 24 -28 Aug, 19 -23 Oct 2020
Dubai: 18-22 May, 20-24 Jul, 21-25 Sep, 23-27 Nov 2020
Texas: on request
Module 1: The Essentials of Contracting Function
Function, Formation, and Validity of Contracts
- Key Principles and Reasons for Contracting
- Choosing the Right Strategy
- Forming the Contract on Your Terms
- Structure, Format and Incorporation of Documents
- Which Law and Legal Forum
- Use of International Standard Forms
Key Contract Provisions and Associated Issues
- Distribution of Risk and Performance Obligations
- Programming and Completion
- Delivery in the Cargo Industry
- Liabilities, Indemnities and Insurance
- External Events/Force Majeure
- Suspension and Termination
Changes and Variations
- Changes to the Contract
- Transfer or Rights: Assignment and Novation
- Variations to Scope Requirements
- Controlling and Managing Change
- Minimising Claims and Disputes
- Delay and Disruption
Payment and Securing Performance
- Price and Payment Terms
- Managing Payment Risk
- Bonds, Guarantees and Warranties
- Reservation of Ownership
- Managing Performance
- Remedies for Default
Dispute Resolution and Conflict Management
- Minimising Disputes
- Negotiation, Compromise, Settlement
- Tiered Dispute Resolution Mechanisms
- Alternative Dispute Resolution Processes
- Litigation and Arbitration
- Course Review and Learning Outcomes
Module 2: Negotiating & Dispute Resolutions
Fundamentals of Negotiation
Negotiation defined
Disputes and the need for resolution
Place of negotiation in the contractual resolution process
Commercial impact of the breakdown of negotiations
Best Alternative To a Negotiated Agreement (BATNA)
The four phase process of negotiation
The Negotiator’s Toolbox
Preparation
Information needs
Drafting your proposal which will open the discussion
The negotiation discussion phase
Bargain and Close
Negotiating position setting
Negotiating Styles, Tactics and Ploys
Cultural & international issues
Red, Purple & Blue negotiators
Non-verbal communication and the interpretation of body language
Make time your friend
Silence and ploys as tactics and how to respond effectively
Personal Fitness and Dealing with Difficult Negotiations
Interests, positions and escalation
Stakeholder power behind the interests in negotiation
Negotiator as a Mediator
Team negotiations
Proposals and persuasion
Putting it all into Practice
Negotiation case study
Team allocation and simulation exercise
Analysis of performance
The Do’s and Don’ts of Negotiating
Improving what we do – action planning