Excellence Techniques for Contract and Conflict Management #251009

Upon completion of this course, participants will be able to:

• Master the Contract Lifecycle: Understand and manage each phase of the contract lifecycle, from pre-award to closure and review.

• Draft and Analyze Contracts with Precision: Identify key clauses, assess risk allocation, and draft clear, unambiguous terms to protect organizational interests.

• Execute Advanced Negotiation Strategies: Employ principled negotiation techniques to achieve win-win outcomes and create value in agreements.

• Understand the Sources and Psychology of Conflict: Diagnose the root causes of disputes and understand the human dynamics at play.

• Apply Proactive Conflict Management & Resolution Techniques: Utilize a range of tools, from mediation and facilitation to structured dispute resolution clauses, to resolve conflicts efficiently and preserve relationships.

• Develop a Proactive Risk Management Mindset: Anticipate potential areas of dispute and embed preventative measures into contracts and business processes.

This course is designed for professionals who are involved in creating, managing, and upholding agreements and who are responsible for handling disputes.

• Contract Managers, Administrators, and Engineers

• Procurement, Sourcing, and Supply Chain Professionals

• Project and Program Managers

• Legal Counsel and In-House Lawyers

• Senior Executives and Department Heads with approval authority

• Sales and Business Development Professionals negotiating agreements

• Engineers and Technical Leads involved in project delivery

• Any professional whose role involves managing key business relationships and agreements.

• Pre-assessment
• Live group instruction
• Use of real-world examples, case studies and exercises
• Interactive participation and discussion
• Power point presentation, LCD and flip chart
• Group activities and tests
• Each participant receives a binder containing a copy of the presentation
• slides and handouts
• Post-assessment

Day 1: The Foundation – Principles of Contract Law & Lifecycle Management

• Morning:

  • Module 1: The Strategic Role of Contracts: Introduction to the course and how contracts serve as risk management and relationship tools.

  • Module 2: Essentials of Contract Formation: Understanding the legal pillars: offer, acceptance, consideration, capacity, and legality.

• Afternoon:

  • Module 3: The Contract Lifecycle (Pre-Award to Award): Stages from needs assessment, sourcing strategy, tendering, to negotiation and award.

  • Workshop: Case Study Analysis: Groups analyze a simple contract to identify key elements and potential formation flaws.

  • Day 1 Recap: Laying the legal groundwork.

Day 2: The Art of Drafting and Negotiation

• Morning:

  • Module 4: Anatomy of a Strong Contract: Deep dive into critical clauses: scope of work, payment terms, indemnities, warranties, limitations of liability, and termination.

  • Module 5: Drafting for Clarity and Risk Mitigation: Techniques for writing clear, unambiguous terms that avoid future disputes.

• Afternoon:

  • Module 6: Principled Negotiation Techniques: Moving from positional bargaining to interest-based negotiation (Getting to Yes).

  • Simulation 1: The Contract Negotiation: Role-play exercise where pairs negotiate the terms of a contract based on different stakeholder interests.

  • Day 2 Recap: Crafting and agreeing on value.

Day 3: The Psychology and Proactive Management of Conflict

• Morning:

  • Module 7: The Nature and Sources of Conflict: Understanding why disputes arise in business relationships (e.g., miscommunication, unmet expectations, external pressures).

  • Module 8: Conflict Styles & Diagnosis: Assessing your natural conflict style (Competing, Collaborating, Avoiding, etc.) and learning to diagnose the true root cause of a dispute.

• Afternoon:

  • Module 9: Proactive Conflict Management: Early warning signs, communication techniques to de-escalate tension, and using contracts as a living document to manage issues as they arise.

  • Workshop: The Difficult Conversation: Practicing structured communication techniques to address conflicts early before they escalate.

  • Day 3 Recap: Preventing fires instead of just fighting them.

Day 4: Dispute Resolution Mechanisms in Practice

• Morning:

  • Module 10: The Dispute Resolution Escalator: Overview of the full spectrum from direct negotiation to mediation, arbitration, and litigation.

  • Module 11: Mediation and Facilitation: The role of a mediator, the mediation process, and how to prepare for and participate effectively in mediation.

• Afternoon:

  • Module 12: Drafting Effective Dispute Resolution Clauses: How to design multi-tiered clauses that mandate negotiation and mediation before arbitration or litigation.

  • Simulation 2: The Mediation Role-Play: Participants act as disputing parties and mediators in a simulated contract dispute.

  • Day 4 Recap: Resolving disputes efficiently and economically.

Day 5: Integration, Claims Management, and Course Capstone

• Morning:

  • Module 13: Managing Claims and Variations: The formal process of identifying, documenting, quantifying, and presenting claims for time and money.

  • Module 14: Contract Close-Out and Lessons Learned: The formal process of closing a contract, settling all terms, and capturing insights for future agreements.

• Afternoon:

  • Capstone Case Study: The Complex Project: Teams work through a multi-issue scenario involving contract interpretation, a major claim, and a relationship in crisis, developing a comprehensive management and resolution plan.

  • Final Review & Action Planning: Participants create a personal checklist of techniques to implement in their roles.

  • Course Conclusion, Q&A, and Awarding of Certificates.