Leading Practices and Strategies in Contract Negotiations

While many negotiation courses address the topic in general light, this webinar is specifically focused upon the commercial relationship negotiation interface – between procurement/sourcing and sales. You will learn how to become an effective negotiator in the context of a commercial contracting – you will realize that negotiation is not merely an event, but rather an inter-related phase in a larger process. When should you negotiate? How can you best prepare for negotiations with commercial partners? Why are internal negotiations with stakeholders sometimes tougher than negotiating with external commercial partners? These are just some of the easier questions we will address in this informative and practical session.                                                                                               

The key objectives include:

• The structure of a negotiation strategy document and knowing what to cover
• The core negotiation points to cover in certain contract clauses, such as warranties, indemnities, acceptance, standards of performance and delivery
• How to move negotiation from philosophical points to conceptual elements and further on to specific details?
• Striving for complete, consistent and collaborative negotiation strategies
• Why, how and when to not negotiate?
• Automation, tools, and tactics which make negotiation quicker, cheaper and more reliable

This session will focus on the strategic and tactical aspects of negotiating with vendors and suppliers. Topics will include: 
The ideal timing to initiate a negotiation

• Establishing the strategic direction for the negotiation process
• Addressing stakeholder needs and expectations from the negotiation
• Meeting the vendor’s/supplier’s needs
• Approaching the strategic and tactical issues related to the negotiation
• Developing contingency and fallback plans in case there is a deadlock
• Deciding when to fall back, compromise or pursue creative solutions
• Plus, the trends and pitfalls to avoid in negotiations 

This session will allow the participants to understand how negotiation strategies will differ across a relationship segmentation portfolio, and anticipate how specific negotiation concessions will impact the overall financial proposition behind a deal. Plus, there will be discussion around the tools and talent needed, allowing participants to identify the appropriate commercial skills needed for a successful negotiation and understand the commercial tools used in a successful negotiation. The session will also cover some of the tactical points, such as how to develop the key tactical points in a world-class negotiation plan and then define and measure tactical success in a negotiation.

• Purchasing, sourcing and supply management professionals
• Sales contracting professionals
• Contract lawyers and attorneys
• Contract management professionals
• Contract managers and administrators
• End-users who impact, or are impacted by, the contracting process
• Finance professionals involved in contracting
• Contract negotiators
• Operational managers
• Commercial relationship managers

Jim Bergman is an experienced negotiation professional with international management consulting experience in commercial management across the USA, UK, Europe, China, India, SE Asia, the Middle East, Africa, and Australia. He has experience working on a wide range of direct and indirect categories in various industries and has a broad knowledge of numerous aspects of services, goods, and technology contracting. Previously, Mr. Bergman was a contract attorney for a Fortune 500 petrochemical corporation, Amoco Corporation, and was responsible for legal and negotiation support to the procurement staff. He supported multiple locations globally, where he addressed strategic sourcing and legal issues concerning commodities and services valued at more than $1 billion annually.  

Jim’s experience encompasses developing, negotiating, and managing contracts for a wide array of projects with multiple clients. Across his wide array of commodity experiences, he has been extensively involved in establishing many customer-supplier relationships founded on strategic sourcing, supply chain management, performance metrics, and measures, as well as Total Cost of Ownership principles, and has served as editor for publications focusing on the successes associated in such relationships. He has also led in developing and delivering both public and internal training programs.

As a strategic management consultant, Jim has assisted numerous clients through all phases and steps of contracting, negotiation, strategic sourcing and bidding processes, and contract management processes, demonstrating savings in excess of $100 million. He has also served as a webinar and seminar instructor on many topics regarding sourcing, contracting, outsourcing, law, and negotiations. His audiences and clients have included attorneys, plus financial, operational, and sourcing professionals from multinational corporations and the public sector.

Career highlights: 

• Through his “in the trenches” experience as an attorney and commercial contracting professional, he has delivered over $100 million in negotiated savings and value for money through his negotiation support.
• He has been involved in global research studies on The Most Negotiated Terms and The Most Admired Companies in Negotiation.
• He has conducted workshops and webinars on negotiations for the benefit of over 10,000 individuals during the past decade.
• His sessions have been delivered to individuals in over 100 countries
• He has been licensed as an attorney in Illinois, Texas, and Oklahoma.