Course Details

Drafting, Reviewing, and Negotiating Contracts Training Course

INTRODUCTION

This intensive training course provides comprehensive knowledge and practical skills essential for mastering the art of drafting, reviewing, and negotiating contracts. Recognizing that well-crafted agreements are the bedrock of successful business relationships and crucial for mitigating legal and financial risks, this program equips participants with a systematic approach to creating, analyzing, and influencing contractual terms. Participants will gain deep insights into legal principles, strategic negotiation tactics, risk identification, and the precise language required to ensure clarity and enforceability. This course is ideal for legal professionals, business managers, procurement specialists, sales teams, and anyone regularly involved in commercial transactions.

DURATION

5 days

TARGET AUDIENCE

This course is specifically designed for professionals who regularly interact with contracts in their roles, including:

• Business managers and executives across all departments.
• Procurement and supply chain specialists.
• Sales and marketing professionals.
• Legal professionals (e.g., in-house counsel, paralegals).
• Project managers and team leaders.

OBJECTIVES

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

• Understand the fundamental legal principles underlying contract formation and validity.
• Draft clear, unambiguous, and legally sound contract clauses.
• Develop effective strategies for reviewing and identifying risks in third-party contracts.
• Master essential negotiation techniques to achieve favorable outcomes.
• Mitigate common legal and commercial risks throughout the contracting process.

MODULES

Module 1: Foundations of Contract Law

• Define a contract and identify its essential elements (offer, acceptance, consideration, intent, capacity, legality).
• Understand different types of contracts and their implications (e.g., express, implied, written, oral).
• Discuss the concept of contract validity, voidability, and enforceability.
• Explore common legal doctrines: misrepresentation, duress, undue influence, mistake.
• Examine the importance of clear terms and conditions in avoiding ambiguity.

Module 2: Principles of Effective Contract Drafting

• Learn best practices for clear, concise, and precise legal language.
• Understand the structure and logical flow of various contract types.
• Discuss the use of definitions, recitals, operative clauses, and boilerplate provisions.
• Explore techniques for minimizing ambiguity and maximizing enforceability.
• Practice drafting key contractual clauses from real-world scenarios.

Module 3: Reviewing Contracts for Risk Identification

• Develop a systematic approach to reviewing third-party contracts.
• Identify key risk areas: liability, indemnity, warranties, intellectual property, termination.
• Understand financial risks: payment terms, penalties, and cost allocation.
• Discuss regulatory and compliance risks relevant to the contract's subject matter.
• Learn to spot red flags and potential pitfalls in contractual language.

Module 4: Key Contractual Clauses and Their Implications

• Analyze the commercial and legal implications of standard clauses: force majeure, governing law, dispute resolution.
• Understand indemnification provisions and their risk transfer effects.
• Discuss warranties, representations, and guarantees in contracts.
• Explore limitations of liability and their enforceability.
• Examine confidentiality clauses and data protection provisions.

Module 5: Strategic Contract Negotiation Principles

• Understand different negotiation styles and their effectiveness.
• Develop a strategic negotiation plan, including objectives, alternatives, and BATNA (Best Alternative to a Negotiated Agreement).
• Discuss techniques for effective communication, active listening, and building rapport.
• Learn how to manage power dynamics and resolve impasses.
• Explore ethical considerations in negotiation.

Module 6: Negotiation Tactics and Counter-Tactics

• Identify common negotiation tactics and learn how to respond to them effectively.
• Practice skills for making offers, concessions, and counter-offers.
• Discuss strategies for dealing with difficult negotiators and high-pressure situations.
• Explore the importance of patience and timing in negotiations.
• Conduct mock negotiation exercises to apply learned techniques.

Module 7: Contract Performance Management and Variations

• Understand the importance of active contract management post-signing.
• Discuss legal considerations for managing contract variations and amendments.
• Explore methods for monitoring compliance with contractual obligations.
• Examine the process for addressing non-performance and breaches.
• Learn to maintain proper contract documentation and records.

Module 8: Dispute Resolution and Contract Termination

• Identify common causes of contractual disputes and their legal implications.
• Understand different dispute resolution mechanisms (e.g., negotiation, mediation, arbitration, litigation).
• Discuss the legal grounds for contract termination (e.g., by mutual agreement, for cause, for convenience).
• Explore the consequences of wrongful termination and breach of contract.
• Learn about contract close-out procedures and post-termination obligations.

CERTIFICATION

• Upon successful completion of this training, participants will be issued with Macskills Training and Development Institute Certificate

TRAINING VENUE

• Training will be held at Macskills Training Centre. We also tailor make the training upon request at different locations across the world.

AIRPORT PICK UP AND ACCOMMODATION

• Airport pick up and accommodation is arranged upon request

TERMS OF PAYMENT

Payment should be made to Macskills Development Institute bank account before the start of the training and receipts sent to info@macskillsdevelopment.com