عربي
Providing Quality and
Professional Training Since 1984

Our Training Courses

Back
REGISTER_NOW Add to my calendar SEND_COURSE_TO_FRIEND Print this Course

Contract Negotiation and Dispute Management

Date: 21 August 2017 - 25 August 2017
Course ID: ADDQ032/2017
Duration: 5 Days
Fee US $: 3950 US$
Venue: Istanbul / Turkey

Introduction:

The aim of this course is to provide participants with the knowledge, concepts and skills needed to negotiate in each phase of the contract life cycle successfully in order to maintain a good relationship between the two parties, and to reach a win-win outcome.

Participants in this interactive course will learn how to analyze the issues, identify the best practices in negotiating the scope of work, terms and conditions, claims, variation orders and disputes.

Objectives:

By the end of the course, participants will be able to:

Recognize the important role of negotiation in developing a solid contract and the implications of failing to do so.

Identify fundamental concepts of successful negotiations including problem solving, communication, and planning techniques that will help in achieving a win-win outcome

Plan and conduct several contract related negotiations in a formal structured manner

Outline critical provisions in the scope of work and explore collaborative approaches to secure agreements on these provisions

Negotiate contractual claims and change orders in order to avoid disputes and legal issues Discover some of the tactics that are used during contract negotiations.

Target Competencies Negotiating contracts Contract preparation Handling claims

Dispute Management and Resolution Change management

Technical terms and conditions Contract administration

Who should attend:

• Executives managing or negotiating agreements

• Commercial managers

• Contracts managers and executives

• Finance managers

• Sales support team members

• Purchasing and procurement managers and executives

• Business development managers

• Legal professionals

• Anyone seeking to negotiate the best deal on contracts

Daily Outlines:

Day 1



Principles of contracts

• Elements of a contract

• Purpose of contracting

• Stages in contract development

• Contracting plans and strategies

• Contracting methods

• When to negotiate and when to tender



Negotiating principles

• Concept of negotiation

• Secrets of a successful negotiation

• Best Alternative to a Negotiated Agreement (BATNA)

• Communicating effectively

• The negotiating style profile

• Principled negotiation

• Separating people from problem

• Focusing on interests not positions

• Inventing options for mutual gains

• Using objective criteria

• Characteristics of a skilled negotiator





Day 2



The contract negotiation process

• Approaches for contract negotiation

• Negotiation's structured approach

• Planning the negotiation

• Conducting the negotiation

• Post negotiation actions



Negotiating the scope

• Defining the scope of work

• Terms and conditions

• Contract provisions

• The pricing of the contract

• Zone of a Possible Agreement (ZOPA)

• International contracting





Post award negotiation

• Contract award

• Contract administration

• Variation orders and change management

• Claims and disputes

• Sources of disputes





Distinguishing Between conflicts and Disputes



• Levels and Sources of conflict

• Conflict Resolution Methods

• Fundamentals of Dispute Resolution Methods

• Conflict Handling Styles

• Directing

• Cooperating

• Compromising

• Accommodating

• Avoiding





Day 3





Overview of the dispute resolution process Methods of dispute resolution including:

• Litigation

• Arbitration

• Collaborative law

• Mediation

• Conciliation

• Negotiation

• Facilitation



Mediation

• Skills and Attitudes Needed by Mediators

• Structuring a Mediation

• Mediation Process Overview

International arbitration

• Introduction to international arbitration

• Institutional versus ‘ad hoc’ arbitration

• Introduction to mediation: The process and its principles

• Skills and Attitudes required by Arbitrators





Day 4



Public Procurement: Negotiating Public Procurement

• Public Procurement Practices

• Tendering Rules and Procedures

• Negotiations under set of rules Drafting and Negotiating PPP Contracts

• PPP Introduction and Overview

• Structuring and Drafting the Tender and Contracts

• Main Contents of the Contract:

• Performance Requirements and Performance Management

• Contract Breaches, Penalty System, and Events of Default

• Compensation Events and Rebalancing

• Other Financial-Related Provisions

• Confidentiality and Information Disclosure

• Contract Changes

• Dispute Resolution

• Early Termination Provisions

• Hand-Back Process



Tendering and Awarding the Contract

• Special Characteristics Of The PPP Tender Process

• Managing Matters During The Bid Submission Stage In Open Tenders

• Negotiation with A "Preferred" Bidder

• Award





Day 5





Negotiating Strategies

• Planning a negotiation

• Desk Research

• Adopting a win-win approach

• Consider a no deal solution

• Aim high

• Using simple language

• Ask questions and then listen

• Build solid relationships

• Maintain personal integrity

• Conserve concessions

• Be patient

• Being aware of cultural differences



Negotiating with a Difficult People



Exploring their BATNAs and WATNAs

• What lies behind the hostility?

• Dealing with anger

• Building bridges

• Making it hard for them to refuse

Back
REGISTER_NOW Add to my calendar SEND_COURSE_TO_FRIEND Print this Course