Contracting Essentials: Mastering Negotiation and Drafting

Introduction

This training course provides a comprehensive overview of the key stages involved in contracting, including negotiation, drafting strong contract documents, and performance management. Participants will explore insights from a range of industries and learn to adopt the perspective of the other party in contractual agreements.

Course Objectives

• Grasp the negotiation process before drafting contracts.
• Employ effective tools and techniques for negotiation and contract management.
• Draft and amend specific contract clauses through real-world examples.
• Utilize best practices in legal writing to enhance clarity.
• Formulate strategies for dispute avoidance and management.
• Analyze contracting mechanics using straightforward language.

Course outlines 

Day 1: The Foundation of Contracts and Negotiation

• Understanding Contracts: Explore the elements, structure, and commercial context that define a contract.
• Negotiating the Deal: Learn key principles and innovative solutions such as Partnering and BOOT contracts.
• Closing the Deal: Understand the authority to sign, agency principles, and necessary formalities.

Day 2: Negotiation and Drafting Techniques

• Negotiation Strategies: Develop approaches for navigating complex situations.
• Drafting Contracts: Learn how to structure documents, establish a hierarchy of terms, and modify standard forms.
• Contract Qualifications: Manage amendments and gain insight into precedents in international contracts.

Day 3: Legal Drafting Essentials

• Characteristics of Effective Contracts: Identify the hallmarks of well-drafted contracts.
• Language of Drafting: Understand key terms (e.g., Will vs. Shall vs. Must) and boilerplate clauses.
• Formalities for Binding Contracts: Examine the structure and significance of clarity in legal writing.

Day 4: Practical Applications and Troubleshooting

• Heads of Terms: Learn to utilize preliminary documents effectively.
• Cross-Border Contracts: Understand differences in distribution, joint ventures, and agency agreements.
• Troubleshooting Contracts: Identify and rectify errors while managing associated risks.

Day 5: Contract Management and Dispute Resolution

• Effective Contract Management: Conduct risk assessments, assign responsibilities, and manage defaults.
• Dispute Resolution: Recognize potential issues and explore internal negotiation strategies and external options (litigation, arbitration, mediation).
• Course Summary and Q&A: Recap key learnings and provide an opportunity for participant questions.