This three hour workshop will deliver the necessary skills to anticipate the other party’s reaction and response to a given proposal and pro-actively counteract any objections to achieve the desired outcome. Delegates will have the opportunity through active participation to learn how to investigate what each party objectives are in the negotiation and how to propose alternative solutions to meet as far as possible the objective of both parties.

Issues / Topics covered in the workshop

• Differing styles of contract
• Alignment of goals
• Tendering process
• Negotiation
• How to achieve a ‘win-win’ 

                                        
Outcomes of the workshop
At the end of the workshop participants shall be able to:

• Prepare for any negotiation by completing the necessary groundwork
• Understand the position of the other party to create an attractive proposition
• Recognize the potential difficulties and have a strategy to counteract them
• Achieve a ‘win-win’ outcome

Workshop Leader
Kevin Irving
General Manager - Engineering and Principal Consultant
Xstract Group (Australia)

Kevin has some 30 years mining engineering experience in mine management, corporate
roles and consulting. Before joining Xstract he was Group Manager – Coal at Snowden
Mining Industry Consultants, based in Brisbane. Previous to this, Kevin was Vice President
Operations for UK Coal Plc where he had a successful track record of managing a group of
coal mines with a combined turnover of circa AU$1,200m. Kevin’s experience includes an in depth knowledge of leading people, financial management, planning, scheduling and
forecasting. His skills lie in establishing teams of diverse personnel to become focussed on meeting targets through involvement. Kevin is a CEng with a MBA, BSc (Hons) and is a
FAusIMM and FIMMM.

During the workshop, participant will discuss important features in the ‘new
mining law’ which may affect the operation of their mining business. This
workshop focuses on how to adjust the business to new environment brought
by the new law.

Issues / Topics covered in the workshop
Important features in the new law that will affect the following issues:

• Operation of existing concession holders and mining services
  
• Domestic market obligation
  
• Payment requirement for international trading for coal
  
• Restructuring mining service and nominee arrangement

Outcomes of the workshop
At the end of the workshop participants shall be able to:

• Figuring out important features in the new law which will affect the operation of the concession holders
  
• Restructuring mining service arrangement and nominee to comply with the new law
  
• Renegotiating provision in the ongoing contract to adjust with the new law

Workshop Leader
Dendi Adisuryo
Legal Consultant
Adisuryo Sudjana & Associates

Dendi specializes and has practical experience in energy and mining projects and the
banking/finance sector. Currently, he is advising the Indonesian Coal Mining Association in
assisting the Government preparing the implementing regulations of the New Mining Law.
As a transactional lawyer, he is actively involved in numerous mining projects in Indonesia.
He graduated from the University of Indonesia with a Law Degree and was named ‘Best
Graduate’.

• Enactment for the following processes: arbitration, court litigation, mediation, expert determination and adjudication
• Role Play Session: to gain experience in dealing with dispute resolution strategies for optimum results
• Choosing the right resolution process for a given dispute
• Examining an appropriate dispute resolution clauses to be incorporated in contracts

Issues / Topics covered in the workshop

• Matching the contracting model to your business needs
• Essential contract clauses to manage risks
• Negotiating strategies to minimize contract risk
• Contract management strategies to minimize contract risks
• Dispute resolution options if risks eventuate

Outcomes of the workshop
At the end of the workshop participants shall be able to:

• Identify the appropriate form of contract for their business needs
• Understand the clauses that they require in their contracts
• Approach contract negotiations with confidence
• Manage contracts to deliver successful outcomes
• Know the dispute resolution options available

Workshop Leader
Joe Luxford
Principal
Trident Project and Mining Services (Australia)

Joe graduated in mining engineering from RMIT and joined the Zinc Corporation at Broken
Hill in 1974. Since then, his mining and project management experience around Australia
includes mine development, construction and operations management in coal and hard rock
mining operations. He holds both metalliferous and colliery manager’s certificates.

Joe provides contract and project management services in Australia and internationally
through Trident Project and Mining Services. He has been involved in drafting, negotiating
and managing many different types of mining contracts in the last 15 years. He is also a
graded arbitrator and mediator and in addition to conducting arbitrations, mediations and
expert determinations, also assists contractors to prepare claims and mining companies to
defend against them.

Under the new mining law, local mining service companies will be given
priority in operation & implementation. Only if there is no local mining service
available, foreign mining service companies will be able to operate. This
workshop will focus on how foreign contractors & sub-contractors will mobilize
legal device to adjust their business to the new environment.

• The latest update of the new mining law
  
• Important features in the new mining law which will affect mining service of
  foreign contractors & subcontractors
  
• Overview of legal devices to mitigate contract risk
  
• Strategies to adjust your business to the new environment