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Negotiation

 
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Group Charter: 

The purpose of the Negotiation Network is to grow the knowledge and performance of its members by providing insights to best practices, emerging practices and new trends in negotiations. Members will participate in open discussions and draw/share from knowledge and ideas that are current and relevant.

The objectives will be met by sharing ideas, discussing challenges, exploring new directions and, where appropriate, initiating research or inviting experts to present on key topics related to negotiations.

Meetings will be virtual (by phone or webinar) unless in specific cases there is an agreed wish to have physical meetings or workshops to develop specific initiatives.

 

Group Mission/Vision:

Provide fellow members with insights to best practices, emerging practices and new trends in negotiations in order to provide their companies with the most value possible.

Objectives:

 
 
Network Updates

Contracts and 'a free lunch'

Contract performance can be undermined by strange and unpredictable factors. Such is proving to be the case in the A$50bn project to build a new fleet of submarines for the Australian Navy.

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Despite technology, contract cycle times are lengthening

Read most corporate strategies and words like 'speed', 'accelerate' and 'velocity' jump from the page. Boards and executives understand the importance of rapid change, the ability to be adaptive to unpredictable events and market conditions. Despite technology, contract cycle times are lengthening.

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Journal Article Contractual Uncertainty, Power and Public Contracting

This article discusses the concept of contractual uncertainty and assesses its impact upon the ability of public sector bodies to obtain value for money from their suppliers. Particularly in the realm of public private partnerships, governments around the world are increasingly developing specifications that are likely to be subject to contractual uncertainty. Contractual uncertainty is not necessarily a problem in itself, but can be if the public body cannot avoid an unfavourable power relation in its dealings with the supplier, because it is in a poor position to undertake the inevitable post-contractual negotiations. The argument is illustrated with two cases from the UK public sector that highlight the fact that British public bodies are often seeking to manage contractual uncertainty from a position of weakness.

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NDA research

hi all a team I am working with a team to improve issues around NDAs for experts and also for non experts! We are looking for feedback to a tiny questionnaire on NDA! It would be great if you could share in your organizations! No registration et no tracking, just google docs

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Requests to sign NDA as is

In this day and age when NDAs are required before the bidding process starts, is it common to come across companies who demand/request that an NDA be signed as is and that no changes to the NDA are allowed? Is it common in these cases to make a business decision to do so--to accept the risks? Trying to gauge how common this occurrence is and what others typically do.

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Uncapped limitation of liability

I work with a Company that supplies products and services (medical equipment, chemicals, diagnostic solutions, procurement management for life science companies etc) to both private parties and government entities. Our company standard is to cap limitation of liability based on estimated annual revenue from a particular customer contract. However, the Company has carved out exceptions to certain low value contracts and to contracts with state and federal entities to allow an unlimited cap on liability. While this seems like a practical approach, I am not too sure if this is the best approach as I see the risk/reward to be disproportionate. i.e. large value deals have a cap while small value deals can expose the company to an unlimited liability. Do any of you follow a similar approach within your organisation? What risk do you see if we are to continue with this approach since the third party liability cannot be capped anyways and circumstances where the company may be exposed to liability is limited. Thank you

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Network Members