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