Negotiating Deals: Key points in contract negotiation

27 March 2014

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This seminar will examine some aspects of negotiation techniques, including examining how negotiated decisions are reached and made and the particular aspects of lawyer-to-lawyer negotiations that can present especial challenges. The seminar will also consider the elements of a negotiation that contribute to win/win solutions, the BATNA, the reservations price and the ZOPA, set against the context of some legal issues pertaining to written contractual documents, "umbrella" agreements and the role of pre-contract negotiations. As well as discussing a range of Australian and English authorities, the Lecture will also focus on one specific English case (Baird Textiles Holdings v Marks & Spencer plc [2002] 1 All ER (Comm) 737) to illustrate some of the pitfalls that poor preparation for a negotiation can reveal.

Professor David Yates is a solicitor and a U.S Attorney-at-Law and holds degrees from the Universities of Oxford and Cambridge. He has held appointments in the Universities of Hull, Bristol and Manchester in the U.K. as well as continuing to hold visiting professorships at a number of overseas universities in Australia, the United States and Asia. He is also an Adjunct Professor of Law in the University of Sydney. He was Foundation Professor of Law, Dean of the School of Law and Pro-Vice-Chancellor of the University of Essex before joining Baker & McKenzie in 1987 as the international firm's Director of Professional Development. He is currently the
Warden of Robinson College in the University of Cambridge and an Honorary Fellow of St. Catherine's College Oxford. David Yates continues to teach and write on legal topics, training and law firm management issues, in various jurisdictions and universities around the world.

A light lunch will be served.

Time: Lunch from 12.30pm / Seminar 12.50 - 1.50pm

Location: Minter Ellison Room, Level 13 Old Law School, St James Campus, Phillip St, Sydney

Cost: Full Fee $80; Alumni $70

Contact: PLaCE Coordinator

Phone: 02 9351 0429

Email: 1a02454b33410e1e3f463a034b31220b316f343e5a432541