Commercial Negotiations Essentials



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