Negotiation and Contracting

Most activities in business go through a stage of negotiation. In many instances, negotiation is critical to the next steps of a company or even determinational for its survival in a time of crisis. Negotiations are not simple or easy processes. Complex negotiations are generally characterised by tough and sharp opposing negotiators, restricted time-frames to reach closures, diametrically opposed positions between the parties, personal or family-linked issues influencing negotiation attitude and the risk of long-draw litigation looming.

Our strategic background enables us to approach negotiation engagements for our clients in a structured fashion. We refuse to walk in critical negotiations with a back-envelope idea of the situation and our options. This is why we adopt a methodological approach, which is the driver for successful negotiations: we start off by collating data and information, following which we articulate the negotiation options and the routes for each option. Based on the chosen route, we plan our negotiations and build in fallback positions to ensure our client is constantly in control of the negotiation process and not a mere spectator. Our forma mentis is moulded to seek win-win solutions, which deliver the outcomes for our clients through the optimisation of the agreement for their business strategy. We are confident of our skills set, our experience and our methodology so much so that in this domain we share the ownership and accountability for success or failure by adopting a risk-reward basis for our engagements. Our major success is when we close the deal for our client, knowing that we generated more value for all parties involved.

We have experience in various types of complex negotiations including: sourcing and procurement, customer contracting, joint venture or partnership formulation, financing programmes, employee relations, collective agreements, contractual disputes, client claims, divestment of businesses or major assets, capital investment programmes and other strategic negotiation processes. Our diverse range of vertical sectors of specialisation enables us to understand the technical complexities of the sectors hence enabling us to grasp the context within which the negotiations are taking place. Throughout all our negotiations we strive to derive value for our clients, even in circumstances, which are not favourable for our client.

Whilst we do not deliver legal services, we work alongside the leading law practices in Malta, having  excellent working relationships with some of the best commercial legal teams on the island.