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Objectives

• Recognize the significance of planning and objective setting
• Achieve ‘win-win’ outcomes within the bargaining process
• Engage in negotiations with confidence
• Identify the causes of disagreements & disputes
• Identify the right course of action to resolve a legal dispute
• Reduce the possibility of disputes leading to legal action
• Apply national and international legal requirements for dispute resolution
• Employ arbitration knowledge to negotiate terms
• Use case law to achieve a favorable outcome for their organization
• Be more effective in contract management activities
• Anticipate problems and manage risks
• Integrate contract management with contract needs
• Have the latest advances in contract selection and management

The Delegates

This course will highly benefit professionals from the real estate, project management, construction, trading, supply chain and logistics sectors with the responsibility for their organisations’ exposure under disputes. it also includes senior managers and decision makers responsible for the practical and operational management of contractual relationships and the disputes that may arise from them. It will be useful to those who negotiate contracts, terms and discounts with outside suppliers of goods and services or manage contractor performance. This will include purchasing managers and supervisors and staff taking up such appointments for the first time.

Contents

• Fundamentals of Negotiation
• Negotiation defined
• Disputes and the need for resolution
• Place of negotiation in the contractual resolution process
• Commercial impact of the breakdown of negotiations
• Best Alternative To a Negotiated Agreement
• The four phase process of negotiation
• The Negotiator’s Toolbox :
• Preparation
• Discussion
• Proposal
• Bargain and Close
• Organizing strategies for Contract Management
• Defining Contract Management Responsibilities
• Basic contract planning
• Communication and managing expectations
• Sources of Information Including the Internet
• Contract Administration Technology Tools

• Preparing for Effective Contract Administration:
• Contracting methods available
• Selecting the best contract type
• Contractor or supplier pre-qualification
• Assessing and allocating risk
• Identifying Risk
• Apportioning Risk
• Incorporating Risk Assessment and Management
• Fundamentals of dispute resolution
• Overview of the dispute resolution process
• Methods of dispute resolution including:
• Litigation
• Arbitration
• Collaborative law
• Mediation
• Conciliation
• Negotiation
• Facilitation
• Introduction to international High Court litigation processes
• Path of a claim
• Pre-action matters
• Court documents
• Case management
• Disclosure
• During the trial
• Judgement
• Dispute resolution :
• The Alternative Dispute Resolution (ADR) system
• Early neutral evaluation
• Negotiation
• Conciliation
• Mediation
• Arbitration
• Importance of Alternative Dispute Resolution
• Law systems
• Civil law system
• Codification
• Subgroups
• Common law system
• Court decisions
• Statutes
• International arbitration
• Introduction to international arbitration
• Institutional versus ‘ad hoc’ arbitration
• Introduction to mediation: The process and its principles
• Arbitration :
• Drafting international arbitration clauses
• The arbitration award and its enforcement
• Recent international arbitration case law
• Advantages and disadvantages of: Arbitration , Litigation , Mediation .

Course assessment.

The Discount

0% in case of Three P. (or more)