Commercial Negotiations Detailed Outline

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