The service focuses on advisory in situations where a strategic negotiation with commercial implications is involved. This can relate to a new opportunity or to a dispute arising from existing or historical commitments or obligations.
The common activities involved in the service are:
1. Clarification of the overall objectives and priorities of the client
2. Identification of the likely driving factors in the decision making of the other side
3. Calibrated scenario simulations and role playing
4. Evaluation of real world enforceability of specific contractual terms
5. Preparation of a multi-stage approach to optimize the overall outcome
The usual involvement is a behind-the-scenes advisory which may include drafting of communications and proposals.
Optionally, Capital Agents can represent the Client in complex live negotiation meetings within the boundaries of the pre-agreed mandates and constraints. With this approach, the parties are shielded from accumulated emotional tensions or inherent biases that may adversely affect the negotiations.
The executive consultants of Capital Agents can leverage their hands-on management experience of contract negotiations and enforcement, as well as supporting clients in a variety of cases dealing with negotiations and disputes.
Depending on the type of situation the service will focus on ensuring the key outcomes for the clients as listed below:
When presented with new opportunities, Capital Agents can support clients to ensure that:
1. The client’s contribution is fairly valued and the client does not overcommit.
2. The short term vs long term optimization of the opportunity benefits for the client are carefully balanced.
3. The risks facing the client are duly identified and mitigated where appropriate.
4. The client is able to genuinely enforce the obligations of the other side.
5. Adequate remediation and compensation mechanisms are in place to handle breaches by the other side.
6. Solutions are devised to overcome conditions that are deal breakers for the other side.
In situation where a dispute arises concerning existing agreements, Capital Agents can support clients with:
1. Identifying blind-spots in impact from unexpected contract breaches by the other side.
2. Devising creative ways to enforce intended clauses that have vulnerabilities.
3. Renegotiating obligations of the other side that are not enforceable or otherwise obtainable.
4. Providing options and scenarios for the client for escalation and de-escalation.
5. Refocusing the discussions around the spirit and intent of the parties prior to elaborating detailed terms.
6. Appropriate framing and scope control of the negotiation / dispute.
7. Preparing strategies for worst-case / best-case scenarios with simulations for potential litigation.
