This course is based upon a simple premise: the key to successful negotiations is to effectively manage the negotiations process. Managing the negotiations process requires an understanding of human behavior, communications skills, and these management skills:

• How to set goals.
• How to develop plans and strategies.
• How to document developments.
• How to use principled negotiation skills.
• How to recognize opposing party interests.
• How to respond and react to opposing tactics and techniques.
• How to evaluate your progress.
• How to stay flexible and keep your options open.
• How to close and follow-through.

The course will be presented by a veteran practitioner who has extensive experience in contracting and contract negotiations. His practical experience in both formal and informal contract negotiations has provided him with valuable insights. He has closely scrutinized the style and behavior of negotiators; the techniques and strategies that work; the most efficient processes and procedures; and the best ways to manage the negotiations process.

Each participant in the program will receive a comprehensive set of reference materials for use in the course and as sources of further information. Although this accelerated course cannot provide you with specific answers to every negotiation situation you will face, we are confident that the principles, insights, and lessons from the course will assist you in your development as a negotiator and manager of the negotiations process.

We look forward to your participation.

1. Managing the Negotiations Process
   1. Goals and Objectives
      1. Setting objectives
      2. Why negotiate?
      3. When to negotiate
   2. Planning and Preparing
      1. Documents
      2. The negotiations notebook
      3. Drafting the agenda
      4. Sources
      5. Reference Materials
   3. The Process
      1. Opening remarks
      2. Presentations
      3. Questions / discussion
      4. Responding
      5. Closing remarks/ agreement
   4. Continuous Evaluation
      1. Flexibility
      2. Change
   5. Strategies and Tactics
      1. Principled negotiations
      2. Good faith bargaining
   6. Conduct of the Negotiation
      1. Factors to consider
      2. Location
      3. Negotiation formulas
      4. Third party references
      5. How to respond
      6. When to object
   7. Reaching Agreement
      1. Keeping minutes
      2. Memoranda of understanding
      3. Drafting documents
      4. Lessons learned

2. Contract Law Basics/Review
   1. Contract Offer
   2. Contract Acceptance
   3. Lawful Purpose
   4. Required Definiteness
   5. Capacity of Parties
   6. Consideration (No Free Rides)
   7. Mutual Obligations

3. Common Law Principles
   1. Absence of UCC
   2. Applicability Under UCC

4. Types of Contracts
   1. Parties Involved
   2. Nature of Work
   3. Form of Payment
   4. Special Nature

5. Who Can Do What
   1. The Problem of “Authority”
   2. Employees
   3. Agents
   4. Independent Contractors
   5. Actual Authority
   6. Incidental Authority
   7. Apparent Authority
   8. Authority by Ratification
   9. Principal's Liability
   10. Agent's Liability
   11. Termination of Authority

6. Negotiations and Dispute Resolution
   1. ADR
   2. Arbitration
   3. Conciliation
   4. Mediation
   5. Collective Bargaining
   6. Factfinding
   7. Mini-trial

7. Negotiation Techniques
   1. Basic Concepts
   2. Traits of Negotiators
   3. The Negotiation Team
      1. Going it alone
      2. Using a team
      3. Advantages and disadvantages
   4. At the Negotiation Table
      1. Introductory session
      2. Authority to negotiate
      3. Agenda agreement
      4. Initial positions
      5. Differences/identify and resolve
      6. Making it sound reasonable
      7. Recognizing opportunities
      8. Getting concessions
      9. Recesses

8. Negotiation Strategies
   1. Available Tools
      1. The law
      2. The regulations
      3. Other authorities
      4. Precedents
      5. Statistics
      6. The opponent’s needs
   2. Analyzing Arguments
      1. Probing for weaknesses
      2. Turning the tide
      3. Attack or agree
   3. Observing Your Opponent
      1. The quick trigger
      2. Patience
      3. Good Faith
   4. Games Negotiators Play
      1. Good guy/bad guy
      2. Change of pace
      3. Bluff
      4. Threats
      5. Anger
      6. Silence
      7. Non-spoken devices
      8. Limited authority
      9. The back burner
      10. Take it or leave it
   5. Offers
   6. Counter-offers
   7. Evaluating relative positions
   8. Breaking off
   
   
9. Control as a Management Technique
   
   
10. Momentum in Negotiations

Timothy Sullivan Partner in the Washington, D.C. law offices of Thompson Coburn LLP, where he specializes in Government and commercial contract matters • Former procurement official and contract negotiator for the Central Intelligence Agency • Frequent lecturer on all phases of Government procurement for business groups, professional associations and educational institutions, and has authored several articles on Government contract matters • Member of the American, District of Columbia and Virginia Bar Associations, and of the National Contract Management Association • Undergraduate degree from the University of Michigan; law degree from the Georgetown University Law Center, where he served on the staff of the Georgetown Law Journal.