How contracts are formed

• The reasons for using contracts
• Basic principles in contract formation
• Examples of formalities for contract formation
• Authority to sign a contract and the principles of agency
• Basic contractual structures
• Use of different types of contract for different business models

Main contract provisions and associated issues: managing risk

• Hierarchy of contract terms
• Warranty, Indemnity and Insurance provisions
• Distribution of risk and performance obligations
• Termination, suspension and force majeure
• Selecting the appropriate law to govern the contract
• Collateral warranties and entire agreement

Changes and Variations

• Changes to the contract
• Transfer of rights: assignment and novation
• Variation to the scope of work and variations clauses
• Controlling and managing change
• Minimising Claims and Disputes
• Delay and disruption

Standardising Contractual Documents and Securitising Performance

• Use of standard form contractual documents
• International standard form agreements
• Bonds, guarantees and letters of assurance
• Managing payment risk
• Reservation of ownership
• Remedies for default – rework,  re-performance, damages, penalties and performance

Dispute Resolution and Conflict Management

• Using contracts to avoid disputes
• Tiered dispute resolution mechanisms
• The Contract clause to encourage negotiation
• Litigation and Arbitration
• Modern dispute resolution processes including mediation
• Course review and analysis

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