Training Course Outlines:
Negotiating commercial contracts
Examining various types of negotiation
- 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
Developing the skills of a strong negotiator
- Integrity and reputation
- Communication skills and persuasion
- Frame of mind and creativity
Tactics and tricks
- Helpful tips and tactics
- Miscommunication issues
- Dirty tricks and how to combat them
Proceeding to agreement
- Closing negotiation
- Documenting agreement
- Follow up
Drafting commercial contractsThe role of contracts in the commercial environment
- The purpose of contracts
- Defining a legal agreement
- What if there is no contract?
- Representations
Principles of contractual interpretation
- Clarity and precision in drafting
- Structure and formatting of commercial documents
Nature of the contract
- Overview of the key issues covered in contracts without legal jargon – a practical perspective
- Subject of the contract
- Pricing mechanism
- Relationship between the parties
Contract planning and standard form contracts
- Determining your contracting strategy
- Use of standard form contracts
- Assessing and amending standards
- When and how to start from scratch
Parties to the contract
- Legal entities
- Privity of contract
Payment and performance
- Developing a scope
- Payment provisions
- Performance provisions
Risk, liability and insurance
- Contractual risk allocation
- Warrantees, indemnities, exclusions
- Consequential loss and contribution
- Insurance
Default, termination and disputes
- Default
- Termination provisions
- Disputes
General provisions
- Interpretative provisions and jurisdiction
- Administrative provisions
- Ownership and intellectual property
Cross referencing techniques
