Legal Negotiation & Mediation Techniques


Course Info

Code PO5-103

Duration 5 Days

Format In-House On-Demand Online

Summary

Across any business, there will always be contractual obligations and agreements that need to be met by both parties. While these will be initially agreed upon, circumstances may arise which mean that one party cannot meet these obligations.

Unfortunately, this could lead to disputes and even legal action, should the relationship between the parties break down. When this situation occurs, it's important to understand where you and your company stand in regard to negotiating a new, more mutually beneficial contract or how to move forward for a more formal resolution.

Dispute resolution could be in the form of arbitration or mediation and it’s important to understand both of these concepts and their processes to be able to make them beneficial. It’s also essential to distinguish between the theory and what happens in practice and upskill in your personal negotiation and communication techniques to allow for the best possible outcome.


  • To understand various methods of dispute resolution. 
  • To develop your negotiation techniques to achieve a positive outcome. 
  • To mediate and suggest mutually beneficial resolutions. 
  • To assess effective conflict reduction and resolution methods. 
  • To utilise negotiation techniques to avoid issues further down the line.
  • To evaluate the potential risks and problem areas within contracts to mitigate problems.
  • To lead constructive discussions to create effective journey maps for the future. 
  • To resolve problems using effective communication skills prior to taking formal action.  
  • To understand biases and barriers that may prevent both parties from meeting their contractual obligations.

This course is designed for anyone that is required to negotiate a contractual agreement or make changes to avoid a breakdown in the organisation-to-client relationship. It would be most beneficial for:

  • Business Owners
  • Directors
  • Legal Professionals
  • HR Personnel 
  • Account Managers
  • Financial Directors
  • Sales Managers
  • Operations Directors
  • Operations Managers

This course uses a variety of adult learning methods to aid full understanding and comprehension. Participants will view various versions of contracts and conduct group discussions to determine how agreements should work. They will take part in role-playing exercises to develop strong communication styles and negotiation techniques and study formal routes of negotiation via real-world case studies.

Participants will then review their own organisation and discuss the ways in which they could improve communication or place in future agreements to aim for continuous improvement and development of services that will benefit both parties.


Course Content & Outline

Section 1: Setting Your Agreement
  • Understanding your business needs. 
  • What can you guarantee to your client?
  • Winning a bid and a successful offering.
  • Discuss operational changes within your gift. 
  • Deciding on continuity plans. 
  • Discussing risk areas. 
  • Drafting a winning proposal.
  • Looking to the future - where do you want your relationship to go?

 

Section 2: Understanding Your Contractual Obligations
  • How to understand your contractual obligations. 
  • Understanding the best course of action for negotiation.
  • Building a successful negotiation team.
  • Establishing your commitments. 
  • How to delegate to the most relevant party. 
  • Using employee strengths to meet contractual obligations.
  • Financial obligations and incentives.
  • Developing an open discussion. 

 

Section 3: Preparation & Setting Goals
  • Managing goals for multiple parties. 
  • The key stages of planning and preparation.
  • Setting expectations within your remit. 
  • Report management and how to prove compliance. 
  • Project planning roadmaps. 
  • Reviewing your progress and auditing your plans.
  • Scorecards, SLAs, and KPIs to monitor progress.  

 

Section 4: Advanced Communication Techniques
  • Understanding the emotions of the other party. 
  • Managing expectations. 
  • Influencing and persuasion techniques. 
  • Body language and the importance of emotional intelligence. 
  • Remote and non-verbal communication methods - the benefits of having everything in writing. 
  • Managing conflicting priorities. 
  • Informal negotiation techniques. 
  • Recognising and managing disruptive behaviour.
  • Asking for additions after the contract is signed. 

 

Section 5: Mediation & Arbitration
  • Mediation aspects, forms, and techniques. 
  • Preparing your defense.
  • Attending a litigation trial. 
  • Arbitration commitments and making changes. 
  • The various dispute resolution possibilities and best-case scenarios. 
  • Legal implications of losing a dispute. 
  • Recording your dispute formally and how this works. 
  • Moving forward after a dispute. 
  • Rebuilding a professional relationship.
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