Contract Preparation for Non-Lawyers  

January 17-18, 2024 (Wed-Thurs)

Live e-Series

Every negotiator faces the challenge of creating a contract that captures the needs of the buyer and the commitments of the seller. This two-day session delivers a pragmatic program developed from decades of experience that avoids frequent obstacles and provides effective solutions for real business situations. During this course designed for sales professionals, buyers, program managers, and executives, you will increase your awareness of buyer and seller interactions in order to promote contracts that record and enforce the needs of both parties. This systematic approach minimizes conflict and magnifies consensus, leading to success on both sides of the negotiation table.

Day 1 - Course program

Determining what success looks like

Cost, quality, timeliness, certainty, relationship, more

Judging Value and Confirming Internal Alignment

9:45 AM (CST)

Identifying Allies and Blockers on Your Team

Identifying the ZOPA (Negotiating Zone)

Identifying your BATNA (Alternative to Negotiation)

Scouting the Other Team and what they want

Clarifying Negotiating Authority, Resources, Timeframe

Registration, Log in Instructions & Introductions 

10:00 AM (CST)

11:05 AM (CST)

Positioning your Team for Contract Success

Visioning: What Do We Want from a Potential Contract? 

2:30 PM (CST)

Day One Concludes

11:00 am - 5 Minute Break

Understanding the Basic Legal Framework of Contracts

Offer, Acceptance, Consideration

Factors that can invalidate contracts

Building contracts that are easy to comply with and enforce

How to Negotiate

Do a Power Analysis

Choose a Negotiation Method:  Competitive, Collaborative, or Both

Understand your Interests, and the other Team’s

Manage Information

Developing and Exchanging Offers

Ask Questions or Make Proposals       

Choose to Propose Through Numbers, Concepts or Language

Pursue Individual Issues or Bundle

12:00 pm CST - 30 Minute Break

12:30 PM (CST)

1:30 pm CST - 5 Minute Break

Day 2 - Course program

Creating the Contract Document - Capturing & Preserving Essential Provisions

• Parties
• Definitions
• *** The exchange provisions: Payment for Goods or Services, timing of delivery and payment, type, number, quality, standards***
• Assignment
• Indemnifications
• Force Majeure
• Governing Law
• Records, Audit & Access
• Limitations of Liability
• Late penalties
• Insurance
• Intellectual Property
• Data Ownership and Protection
• Advertising, endorsement or promotion
• Dispute Resolution
• Zipper
• Duration/Termination/Automatic Renewals

30 Minute Break

Day Two Concludes 

10:00 AM (CST)

Choosing when to be precise and when flexible in contract language

Choosing what goes in the body of the Contract, in appendices or side letters

Paragraphs, lists, numbering schemes, headings

Organization of the Contract as a Whole

2:30 PM (CST)

Additional Considerations in Creating the Contract Document

Contract Language Exercises 

Keeping Stakeholders Engaged

Measuring and Managing 

• Follow-Ups
• Deadlines and Reminders
• Maintaining Records

Closing a Contract

5 Minute Break

Prioritizing Issues

Potentially Confirming/Expanding Authority

Confirming Numbers, Concepts and Language

How to get to the "YES"

Closing a Contract

Managing Stakeholder Expectations

Establishing good habits of contract compliance