Contractual Claims and Dispute Resolution

Start Date: 19 Mar 2017
End Date: 23 Mar 2017
Duration: 5
Country: Paris / France

Course Description


The ability to be able to negotiate effectively is a critical competency in both work and life situations. An effective negotiator will draw upon a range of communication and interpersonal skills as well as focusing on issues of the process, planning and objective setting.

Typically, negotiations occur at both the individual and team level internally within peer groups and with employees as well as externally with suppliers and customers. Closely associated with the negotiation process is the possibility of disagreement and dispute conflict; so it is appropriate to consider how best to reduce the risk of disputes and how to resolve then if they do occur.

This course will cover they key stages of negotiation, consider how disputes arise and provide an effective toolbox of skills to enable a structured process. The delegates will be introduced to different negotiation styles and tactics and learn how to recognise and counter them. There will be an opportunity to carry out a self assessment of present skills over the whole range of the negotiation topic and delegates will consider the differences between negotiating individually or as part of a team. The programme culminates in a realistic dispute resolution case study and the delegates are encouraged to reach an agreement before the forces of law intervene in the dispute.


Course Objective


How to

    Analyze claim bases and their impact on time and cost
    Produce a counterclaim if needed
    Assess parties' entitlements and negotiate settlements 
    Review close-out requirements


Who Should attend?


This course will be best suited to those who have a fundamental ability in negotiating but want to increase their formal knowledge and enhance their practical skills. The course is aimed at staff at all levels and is applicable to staff from a wide range of business disciplines including engineering, design, project management, production, finance, sales & marketing, business development, purchasing, procurement, commercial and general management. Those who will benefit most will have a current or planned interface with internal "suppliers or customers or external suppliers or customers through which contracts are negotiated.

The seminar will enhance the knowledge and skill set of the delegates and improve their confidence level when faced with the prospect of difficult negotiations such as those encountered during the process of resolving contractual disputes.


Course Outline


Day 1 - Programme Introduction

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 (BATNA)

             The four phase process of negotiation


             Discussion and Proposal

             Bargain & Close


Day 2 - The Negotiators Toolbox


             Negotiating position setting


             Entry & exit points

             Information needs

             Team negotiation - roles

             Relationship building

             Information acquisition

             Forms of questions - open, closed, comparative

             The conditional proposal - "If/then

             Unconditional proposals "Thank & Bank

             Degrees of freedom

             Bargain and close

             Trading up and trading down


             Recording the outcome


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