Course Content
Sessions 1 and 2: Preparation to negotiate
Settlement zones:
- Closing the gap between the parties to get a ‘win-win' outcome and to ‘close the deal'
- Preparation of what alternatives / variables exist and can be offered as a follow-up to the initial offer, if the customer rejects the initial offer or proposes a counter-offer
- Follow-through of logic / justification of why your initial offer or counter-offer is a ‘win-win' and preferable to the customer's best realistic alternative
- Settlement zones exercise using sample contract provided by client
Sessions 3 and 4: Different negotiation styles
Advanced negotiation styles:
- Bargaining
- Logic
- Emotion
- Threat
- Acceptance
- Compromise
- Matching style to bargaining position
- Co-operative vs. competitive negotiation styles:
- Styles reflecting the type of on-going relationship, long-term or short-term
- Individual questionnaire identifying each delegate's default negotiation style
Sessions 5: Best practice
Advanced/Professional negotiation structure:
- Power of attorney / establishing authority of individuals
- Keeping the negotiation open and ‘subject to contract'
- Purpose of ‘heads of agreement'
- Establishing the confidentiality of negotiation
- Opening the negotiation
- Confidence
- Moving forward
- Clarity and summarising minutes
Sessions 6 and 7: Advanced negotiation tactics
Listening, understanding and interpretation of dialogue:
- Absorbing new information received and reflecting it within offers and counter-offers proposed
- Asking the correct-probing questions
- Answering questions and avoidance tactics
- Reducing aspirations of your opposite party
- Body language and non-verbal communication
- Interpersonal skills and professionalism
- Counter disruptive tactics
- Challenging the other party in a non-aggressive manner
- Respecting the other party; ensuring they do not lose face
- Use of silence as a tactic
- Deadlock and resolution
Sessions 8: Case study
- Negotiation exercise using a sample contract
- Videos
Sessions 9 and 10: Highly advanced negotiation skills
Cognitive-Synergy™ (CS) and Neuro-Linguistic Programming (NLP) techniques for successful contract negotiation outcome:
- What is CS?
- Why is CS very important to successful/effective contract negotiation?
- What is NLP?
- Why is NLP very important to successful/effective contract negotiation?
- How to apply CS successfully
- How to apply NLP successfully
- CS and NLP working together – a winning combination
Sessions 11 and 12: Total / True Cost of Ownership (TOC)
The central part of TOC in successful/professional contract negotiation:
- What is TOC?
- How to calculate TOC?
- Why is TOC so critical to successful contract negotiation outcome?
- Comparison between a contract with TOC taken into account and a contract with TOC not taken fully into account
- How to ensure you remember to include TOC as integral part of your contract negotiation and use it to your advantage
- How to successfully define the scope of what's include and what's excluded in TOC?
Sessions 13: The Equator Principle (EP) in advanced contract negotiation
The EP inclusion in contract clauses, terms and conditions
- What is the Equator principle?
- What's the relevance of the EP to successful contract formulation and agreement?
- The EP inclusion in large/complex projects
- The EP inclusion in smaller simpler/smaller supply contracts
- The EP principle in negotiating financial support/raising capital
- The EP in relation to other financial deals
- Where and how the EP should be included in a contract?
Session 14: Advance Risk Assessment and Mitigation (RAM)
The RAM matrix applied to contracts
- Technical risks
- Commercial risks
- Other risks
- RAM analysis
- Strengths Weaknesses Opportunities Threats (SWOT)
- RAM and SWOT applications
- RAM inclusion in contract formulation and agreement
Sessions 15: Commercial/Legal issues in advanced contract negotiation
Warranties and guarantees, including third parties and contractors
- Key performance indicators and how to measure them
- Specifications and equipment guarantees
- Contract liability and penalty clauses
- Liquidated damages (non-performance)
- Claims and dispute resolution procedure
- Unique/Advanced aspects of contract insurance
- Agreement of policy type, clauses and cost
- Excess, hold-harmless, and other qualifications
- Contract insurance exclusion clauses
- Contractual and public liabilities
- Litigation and/or arbitration contract clauses
Sessions 16: Case study
Settlement zones:
- Negotiation exercise using a sample contract
- Videos
Who Should Attend
Professionals such as but not limited to:
- Oil and Gas Industry executives and other professionals
- Contract Managers/Contract Analysts
- Project/Programme Managers
- Engineering/Maintenance Managers
- Facilities Managers
- Procurement Managers
- Financial Officers
- Portfolio and Commercial Managers
Focus Areas
UNDERSTAND the essential features to negotiate effectively and deliver a fit for purpose contract.
GAIN an understanding of key performance benchmarks, obligations and exceptions to protect your organisation against unnecessary dispute.
MASTER your risk identification, allocation and sharing to manage your exposure.
UNDERSTAND how to produce a professional contract and build successful partnerships.
ACQUIRE tips and tactics for advanced contract negotiation to ensure a successful outcome.
EVALUATE common termination, dispute resolution/arbitration tactics to know what to do if things go wrong.
LEARN how to avoid pitfalls and become a successful contract negotiator.
APPLY Total/True Cost of Ownership (TOC) principles to your advantage

Get in touch with Upstrata Training Consultancy to book a course
Contact Upstrata Training Consultancy to discuss your oil and gas training. Whether you would like to book into an existing course, or discuss your needs for a bespoke course, we are here to help.
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