Program goals of Monitoring and Settlement Skills

• Comprehend the demand to bargain the "bargain" before structuring the contract paperwork
• Utilize the tools & strategies to assist in such settlements & improve the reliable management of agreement
• Assess the preparation as well as modification of certain contract clauses, utilizing actual instances
• Present some of the differences in approach in different territories
• Analyze methods to prevent conflicts, or to manage them successfully
• Practical pointers for company professionals to handle the consequences of non-performance
• Assessing the mechanics of having in the English language

Day 1
What is the “deal” behind the contract, and how do you get there?

• What constitutes a contract: form, ingredients, and basic structure

• The context of commercial arrangements

• Innovative commercial solutions (e.g. Partnering, “BOOT” contracts, etc)

• Relationship between negotiation and contract drafting

• Closing a deal - Authority to sign and agency principles

• Formalities to finalise the contract

Day 2
Negotiating and Drafting Contracts

• Negotiating Principles in Contracting

• Negotiating in difficult and complex situations

• Structuring complex documents – the hierarchy of terms

• Using and modifying standard forms

• Precedent in international contracting

• Dealing with contract qualifications and amendments

Day 3
Drafting Specific Clauses

• Operative provisions and performance obligations

• Title, Risk, and Payment provision

• Contract variations: transfer of rights, amendment, and the scope of work

• Termination, suspension, and remedies for default

• Limitation and exclusion of liability, force majeure, and waiver

• Law of the contract and dispute resolution

Day 4
Effective Contracts Management

• Risk assessment and management

• Assignment of responsibilities and kick-off meetings: setting and managing expectations

• Dealing with defaults, delay, and disruption

• Managing claims

• Payment issues – including international trade

• Lessons learned

Day 5
Dealing with Disputes

• Recognizing potential problems and dealing with issues as they arise

• Legal rights and commercial outcomes distinguished

• Negotiation structures for internal dispute resolution

• External dispute resolution – Litigation and Arbitration

• Modern alternatives in dispute resolution -?Adjudication?Expert Determination?Mediation

• Overview of the course, and final question session