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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

Dispute Resolution Workshop - IACCM Americas Conference 2019

Stepping in and out of the box - choosing commerce over conflict Entertaining, stimulating and practical, this interactive workshop will introduce you to a new paradigm in dispute resolution, while providing guidance on the dos and don'ts of clause drafting. Negotiating skills are important both in the development of a contract and the resolution of disputes. As important is developing the right structure and process as part of your contract so that problems can be identified early and disputes don't derail business and relationships. This interactive session will begin with a candid discussion with in-house veterans as to what goes into making the choice between arbitration and litigation and whether negotiation and mediation should be contractual or not. No one knows when they are negotiating a contract, what's going to going right...and wrong. Yet is it possible and practical to set up a structure that will not only allow for dispute resolution, but dispute prevention? Join this discussion and hear how some companies are exploring doing just that. And finally, after thinking a bit outside the box, let's get right back in the box and learn about the essentials of ADR clauses, along with options to further enhance the streamlining of dispute resolution. The panelists will lead you through an interactive exchange, featuring a series of hypothetical exercises on dispute resolution clauses gone bad, along with practical advice on how to fix them.

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IACCM expansion of research portfolio with Global SRN merger

The International Association for Contract and Commercial Management Inc (IACCM) announces its acquisition of Global SRN LLC.

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Assigned vs Novated Contracts

Can someone please clarify whether there is any difference between "assignment" and "novation" of Contracts? I've seen many contracts where the word "assignment" has been used and in other contracts the word "novation" has been used. Sometimes, both are used. For Example: "Third Party Agreements which the parties have agreed will be assigned (or novated) to the Service Provider, and for which the Service Provider is thereafter liable..." In the above example, I'm not sure why both the terms "assigned" and "novated" have been used if both have same contractual meaning. I think for both assignment and novation, the Service Provider has to novate the existing contract between the Customer and Customer's Third Party and will be fully responsible for the novated Contract going forward. Please correct me if this is not the right understanding.

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Consideration Amount for Variation Agreement

For Variation Agreement, is it necessary to mention some consideration amount (e.g. $1 in the below example) to make it binding/legitimate even if the consideration amount is mentioned in the Original Agreement? Example: "In consideration of the payment of the sum of $1 by each party to the other (receipt of which each party hereby acknowledges), the parties agree that the Original Agreement shall be varied in accordance with the arrangements set out in this Variation Agreement" I've also seen a few Variation Agreements where no consideration amount is mentioned. It would be great if someone can clarify.

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Ask the Expert / MOOC Call 1: Creating, Calculating, Communicating and Profiting from Value Created

For years we have talked about win/win negotiations, but some companies still find this hard. They still view sales, procurement, and contracting as a zero-sum game. However, Best in Class companies have found ways to create and realize more profit by contracting for value, where both the supplier and buyer win. The how to do it, requires both sales and procurement to throw away some long-held beliefs and rethink contracting. Companies that contract for value have seen improvements of 5% greater than the value that was contracted for, 35% increase in profitability for the buying company, whereas selling companies are 24% more profitable than their industry average. Learn from some best practices in how to contract on value, performance and outcome-based, and a third 'hybrid' approach that aligns supplier and buyer to both be more profitable and generate a sustainable competitive advantage. In this compelling webinar, Todd Snelgrove will explain how profiting from value can be managed in practice, based on his many years of industry experience in Business to Business from both a Sales and Procurement perspective in many parts of the world.

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'Contract Management is more important than Procurement'

This quote, taken from the latest edition of Supply Management magazine, will be welcomed by many as recognition that it's actually the results of an acquisition that matters. For too long, they will say, Procurement has been happy to oversee inputs, ignoring the fact that it is contract management that oversees outputs and the actual delivery of value.

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