This is a sample deal terms worksheet.
This is a tip sheet for use during advanced negotiations.
This is a worksheet for use during negotiations listing objectives achieved, not achieved, and compromise solutions.
This is a list of takeaways for in-house counsel to consider before, during, and after mediation.
This is a sample preparation and creation of leverage worksheet.
Shakespeare said, "All the world's a stage;" in this session we are all players. This program will be your stage, and you will have a part in this two part drama involving both the acquisition of a business enterprise and a subsequent litigation when the parties’ expectations go awry. Here’s the plot of the drama: Through participating in a live negotiation exercise, attendees will gain insights into high-level negotiating strategies and tactics. Through engaging in a workshop, attendees will learn to create leverage in order to increase the likelihood of optimal negotiation outcomes. By viewing a mock mediation staged by the faculty members, attendees will decide where the line is between bluffing and dishonesty. When presented with an impasse, attendees will be given tools to get the negotiations back on track. With input from faculty members, attendees will get feed-back on negotiation styles and exit with pragmatic take-aways for use in future real life negotiations.
This sample matrix shows levels of decision-making authority per type of decision, agreement or act involved. The matrix distinguishes between decision makers, alternate decision makers, or persons who must be consulted or must be informed.
Discuss how to approach contract negotiation and drafting across jurisdictions and legal systems. Gain insight into techniques and tools to monitor and manage the risks involved with having contracts across several jurisdictions. Identify resources that in-house counsel of international businesses implement to manage such risks, such as country managers, outsourcing, risk guidelines, documented authority delegation and reporting. Discuss challenges and best practices in enforcing contracts across jurisdictions.
Contract Playbooks – Gain a better understanding of how introducing innovative contract negotiation and contracting process playbooks in to your organization can support the optimization of the commercial contracting lifecycle. Data Analytics – Learn how measuring and analyzing contract data helps increase process efficiency, optimize contract content and promote better contract performance. Understand how data analytics is defined in commercial contracting and what information needs to be extracted and reported on to develop analytics. What conclusions and benefits can this analytics provide? Contract Triage – The contract triage process is not merely about allocating tasks to the right skill level, but also adjusting your risk appetite. Understand how to insert triaging into your contract management processes.
Too often we overlook provisions in contracts that we consider customary or “boilerplate” and non-negotiable. This program examines standard contract provisions and challenges the audience to look at them more critically from a litigator’s perspective. The interactive program dissects contract provisions that have hidden traps and provides tips on better risk management with an in-depth look at non-assignment clauses, liability limitations, merger clauses, choice of law clauses and other similar provisions.