Introduction
Every organization gains and loses substantial revenue based on the contractual agreements governing the purchase of goods, services, and equipment. A robust understanding of contract creation, negotiation, management, and dispute resolution is essential for professionals engaged with external organizations.
This program equips participants with the skills to:
- Create, draft, and manage contracts effectively
- Understand key contract clauses and legal implications
- Apply negotiation strategies to maximize organizational value
- Resolve disputes collaboratively or through third-party mechanisms
The program is modular and can be taken as two separate modules—Essentials of Contracting and Negotiating & Dispute Resolution—or as a combined 10-day intensive course.
Course Objectives
Participants will:
- Understand how contracts are formed and the principles behind key clauses
- Apply contract types and structures suitable for different risk profiles
- Transfer and mitigate risks using contracts
- Master dispute resolution techniques (litigation, arbitration, mediation)
- Implement structured negotiation processes for win-win outcomes
- Manage conflicts and meetings effectively in both individual and team contexts
Target Audience
- Contract Managers, Administrators, and Specialists
- Procurement Professionals and Senior Buyers
- Project Managers and Program Managers
- Legal Advisors and Business Development Professionals
- Professionals responsible for vendor, supplier, or client contracts
Program Outline
Module 1 – Essentials of Contracting
Day 1: How Contracts are Formed
- Reasons for using contracts
- Principles of contract formation
- Written vs. oral contracts
- Authority to sign
- Contract structures and business model considerations
- Ethical issues
Day 2: Main Contract Provisions and Associated Issues
- Scope of work
- Force majeure
- Delivery and acceptance
- Termination and suspension
- Warranty
- Governing law and Entire Agreement
Day 3: Changes and Variations
- Changes to contracts and scope
- Use of variation clauses
- Evaluating scope changes
- Extensions of time and disruptions
- Managing sequence and timing changes
Day 4: Contractual Documents and Payment Issues
- Letters of Intent and Award
- Bonds and guarantees
- Progress payments
- Parent company guarantees
- Standard commercial documents
- Contract end, suspension, termination, and damages
Day 5: Dispute Resolution
- Avoiding disputes
- Recognizing disputes
- Contract clauses for negotiation
- Third-party dispute resolution
- Courts, arbitration, mediation
- Post-review and analysis
Module 2 – Negotiating & Dispute Resolutions
Day 6: Fundamentals of Negotiation
- Building business relationships
- 4-phase negotiation process: Preparation, Discussion, Proposing, Bargain & Close
- Using concessions and BATNA
- Preparation and objectives
- Common mistakes
Day 7: The Negotiator’s Toolbox
- Planning the meeting environment
- Opening discussions and building trust
- Conditional and unconditional proposals
- Closing strategies and alternative outcomes
Day 8: Negotiating Styles, Tactics, and Ploys
- Cultural and international negotiation styles
- Managing emotions and negative behaviors
- Non-verbal communication
- Common tactics and countermeasures
Day 9: Personal Skills in Dispute Negotiation
- Motivation, needs, interests, and escalation
- Conflict analysis and resolution approaches
- Team negotiation strategies
- Personal skills assessment and development
Day 10: Putting it All Into Practice
- Leadership in critical situations
- Team orchestration for mediation
- Negotiation case study: planning, bargaining, reviewing
- Best practices and lessons learned
- Final action planning
