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Examining various types of negotiation to understand
your power and influence capabilities
  • Position bargaining
  • Cooperative bargaining
  • Constructive negotiation
  • “Getting to Yes”: Principled negotiation
  • Separate the people from the problem
  • Focus on interests; not positions
  • Invent options for mutual gain
  • Insist on using objective criteria
  • Examples of how these techniques are used in practice
Developing the skills of a strong negotiator
  • Integrity and reputation
  • Communication skills and persuasion
  • Frame of mind and creativity
  • Consider how this could be adapted to your situation
Tactics and tricks to fast-track your journey and improve your confidence
  • Helpful tips and negotiating tactics
  • Miscommunication issues that often arise, how to foresee and address them
  • Dirty tricks and how to combat them
Proceeding to agreement – your role as a contract manager
  • Understanding your role as a contract manager in the negotiation process
  • Closing the negotiation
  • Documenting the agreement
  • Follow up
The role of contracts in the commercial environment
  • The purpose of contracts in business
    > Why are they there?
    > Why are they so important?
    > What would happen if there wasn’t a contract?
    > Examples of effective and ineffective contracts
  • Review the definition of a legal agreement
  • Representations
Principles of contractual interpretation
  • Why clarity and precision in drafting is paramount
  • Structure and formatting of commercial documents
  • Examples of clauses that are clear and in plain English
Nature of the contract
  • Subject of the contract
  • Pricing mechanism
  • Relationship between the parties
Contract strategy and planning
  • Determining your contracting strategy
    > Capture lessons learnt from previous contracts
    > Appreciate the importance of getting the design accurate
    > Ensure the contract is designed to support any ongoing issues that may impact during the term such as default, termination and disputes
    > Foresee the active management of the principal-contractor relationships when varying aspects like price, deliverables, extensions
  • Understand the use and amendment of standard form contracts
  • Assessing and amending standards - how they can be adapted to suit your goals
  • Techniques in adapting and modifying existing clauses
  • When and how to start from scratch
Parties to the contract
  • Principal, contractors, sub-contractors etc
  • JV and partnering structures
  • Legal entities
  • Privity of contract
Payment & performance criteria
  • Developing a contract scope – understanding the big picture and key criteria to be included
  • Performance provisions
  • Consider operational factors and performance risks
  • Payment provisions
Risk, liability & insurance
  • Contractual risk allocation
  • Warrantees, indemnities, exclusions
  • Consequential loss and contribution
  • Insurance
Default, termination & disputes
  • Default
  • Termination
  • Disputes
General provisions
  • Interpretative provisions and jurisdiction
  • Administrative provisions
  • Ownership and intellectual property
Contract cross referencing techniques to improve the linkage and alignment of your contracts
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