Commerical Negotiations

Cyril has an interesting, easy to understand and entertaining manner. He is a true professional in his field. 

-Senior Contract Manager/Vendor Manager, City West Water

In this course we look at the best ways to negotiate a successful outcome to internal or external negotiations.

Upon completion of the course attendees will be able to:

  • Recognise the different strategies and tactics that you,  and the other party, can use in negotiating.

  • Negotiate longer lasting and more mutually satisfying  contracts, variations, renewals & internal agreements.

  • Negotiate more successfully with face to face or non‐ face to face, inside and outside the organisation,  including suppliers, customers, stakeholders etc.

  • Describe possible legal problems that can occur in a  negotiation.

  • Background to the negotiation

  • Key Fisher and Ury’s ‘Getting to Yes’ tips and traps

  • The different negotiation styles and phases

  • Bargaining power and the outsourcing lifecycle

  • The IACCM ‘Top Terms in Negotiation Report'

  • Common problems faced by inexperienced negotiators

  • Common mistakes in the different negotiation phases

  • Action Planning

  • Detailed Outline

BOOK NOW
$950+GST

  • MELBOURNE, September 18

  • SYDNEY, October 12

Dr Jankoff FCPA is a sought after speaker and course facilitator of buy-side/sell-side contracting courses in Australia and overseas. He is also a sessional university lecturer in graduate courses in Finance, Procurement and Contract Management.

Cyril draws his expertise from his multi- perspective background. In his 35-year professional career, he practised as a forensic accountant and expert witness, solicitor, and business consultant. As a forensic accountant and expert witness, he worked extensively on the resolution of contract breaches and disputes that arose from poorly drafted, negotiated and managed contracts.

Dr Jankoff has university degrees in accounting and law, in and an MBA. His doctoral thesis focused on professional development of business managers and advisers. He holds current practising certificates as a solicitor and as a CPA accountant. He is a Fellow of CPA Australia (FCPA), the highest professional designation from Australia’s largest professional accounting body.

In 2012 he assisted the Australian Corporate Lawyers Association (ACLA) in their Reforming Australian Contract Law submission to the Australian Government. Cyril is on the Advisory Council of the International Association for Contract and Commercial Management (IACCM), a US based global contract management organisation. He is the IACCM contact for Australia.

1.Introduction

We will consider: An introduction to negotiation

  • Definition and purpose of a negotiation
  • The three key parts of a negotiation
  • The link between a negotiation and a contract
  • Making negotiating a core management competency

WORKSHOP: Disputed variations case study

2. Background to Commercial Negotiation

We will consider: A general background to commercial issues in negotiation

  • Using the three key parts of a negotiation
  • Negotiation tips at each of the contracting lifecycle stages
  • Strategic versus transactional negotiating and contracting
  • Eliminating as many risks as possible before agreeing.

WORKSHOP: Using the Purchasing Classification Matrix

3. The Different Negotiation Styles and Phases

We will consider: The different negotiation styles and phases that one can use to achieve your interests.

  • Negotiation styles and phases
  • Determining and achieving your interests
  • Moving from “compromising” to the “collaborating” style
  • Creating a realistic BATNA.

WORKSHOP: Which “negotiation styles” do you use best? 

 

4. Leveraging your Bargaining Power

We will consider: How to leverage negotiating bargaining power

  • Negotiating more strategically
  • How bargaining power changes during a negotiation
  • Unlocking value in relationships
  • Practical ways to leverage your negotiations

WORKSHOP: Using the “¿Plata o Plomo?” way to increase your negotiating effectiveness.

5. Legal Ramifications

We will consider: The legal ramifications of the negotiation offer being accepted

  • Creating a contract accidentally - problems
  • What are the terms and conditions of your negotiated contract?
  • Ensuring that you do not lose your intellectual property rights
  • Avoiding claims of misleading and deceptive conduct
  • Using the new Small Business Unfair Contract Terms law.

WORKSHOP: Negotiating key boilerplate terms – IACCM research

6. Common Negotiation Issues

We will consider: Common issues that a negotiator should be aware of

  • When the party is more powerful than you
  • When the other party will not cooperate
  • When the other party uses dirty tricks
  • Key soft skill issues
  • The influence of corporate governance in negotiations

WORKSHOP: “The Ten Rules of Negotiation”

7. Action Planning Workshop

We will consider: How to identify and mitigate negotiation risks

  • Ways to identify negotiation risks (including ISO 31000)
  • Determining ways to mitigate the identified risks.

WORKSHOP: Action Planning Activity

“Cyril is relentless in his research to ensure that students and classes benefit from the latest thinking and the most relevant case studies. This commitment to excellence is evident in all his teaching and programs, ensuring practical insights and guidance for those who attend.”

Tim Cummins, Founder & CEO
International Association for Contract and Commercial Management (IACCM)

“Excellent course content, good live examples, broad range of attendees from different industries”

Contract Manager
Nokia Siemens Networks

“A well-balanced course with good practical advice, underpinned by an appropriate content of theory”

Director Supply Chain Operations
Australian Army

“Cyril made the course enjoyable and he is most entertaining. He also has the ability to explain complex issues in a very simple and practical manner.”

Lecturer – Victoria University

“Cyril is an excellent presenter and the notes provided will be invaluable”

Contracts Officer
Vinidex

“Good coverage of the topic with extensive reference materials provided”

Associate Director
Tracey Brunstrom & Hammond

“As a trainer Cyril’s experience and delivery is exceptional, students are engaged in case studies and problem solving exercises to ensure a clear understanding and resolution of complex ‘real life’ issues. I have also had the opportunity to work alongside Cyril when he was consulting to our organisation and found him to have strong commercial acumen and this with his attention to detail to improve supplier performance through the development of key KPIs and mitigation of contract risk resulted in effective contract management and optimisation of business benefits.”

Vendor Manager
City West Water, Melbourne

"Excellent coverage across all areas."

Contract Manager
Verve Energy