09172004

Baseball and Negotiations are always in Season!

Negotiations and Professional Tennis Contracts

As we launch a new season with special presentations and speakers at Safeco Field! The theme is sports and negotiations. Both speakers are currently practicing attorneys with private practices. What is Baseball Arbitration and how does it relate to Negotiations? Why is Baseball Arbitration the hottest tool for use during the entire year--not merely during baseball season? How did this highly respected negotiation technique develop? How is it used today in sports and, most importantly, in your professional endeavors to make that all-important deal happen? How does Baseball Arbitration create the requisite negotiation environment in baseball negotiations as well as in your commercial and professional deals? Plus---Tennis Contracts and Negotiation. Would you like the inside scoop on negotiations and famous tennis player’s contracts? Join us on September 17th to find out much more! Attendance certifications with 2.0 hours of training credit will be provided.

NCMA Puget Sound Chapter is bringing this special event to you at a reduced rate, as a thank-you for the wonderful participation and success we all shared last year!

1250 First Avenue South, Seattle, WA. No additional cost to park in the garage, located south of the Field. Just tell the attendant you are with NCMA.

About the Topic

“Baseball and Negotiations are Always In Season!”

Charles E. Rumbaugh

How can you close the deal with “critical” Sole Source Suppliers?

Can you negotiate with sole source suppliers? Should you accept letter contracts/subcontracts for production items when the price is open?

Discussion of various ADR Methods

The Spectrum of ADR Methods:

Negotiation

Integrative or Distributive Negotiation Method

What is Win-Win Negotiations?

Mediation

What is Mediation?

When should Mediation be used as an ADR method?

Arbitration

What is binding and non-binding Arbitration?

What is Baseball Arbitration OR How do you have the parties “dance-the-negotiation-dance” and get through Impasse?

"Baseball Arbitration"

"The parties shall exchange with each other and submit to the Arbitrator their last best offer(s) to the other. The Arbitrator shall select one or the other of such two offers and shall award such selection."

WHY DOES IT WORK? THE POWER OF “BATNA!”

Open Pricing Issues:

How do you arrive at "fair and reasonable prices" for commercial items with Sole Source Suppliers? Power to obtain (prior/current) product and pricing information.

How do you arrive at "fair and reasonable prices" for production items where you have to use letter contract/subcontract to achieve schedule because price was not finalized?

Other Contract Formation and Performance Issues--

"Precontract/Purchase Order/Letter Contract" Issues? Negotiating prices for changes to Commercial Item contracts?

Utilized to assist in finalizing open items?

Strategic Alliance Agreements?

Letters of Credit Payment/Performance Issues in International/Commercial Contracting?

Acceptance Criteria Achieved?

Charles E. Rumbaugh is an attorney practicing in commercial/international/government contract law with an emphasis in the private dispute/negotiation related arena as an educator/trainer, professional speaker, arbitrator/mediator as well as private judge. He is a prolific writer/publisher and speaker on substantive and Negotiation/Dispute Resolution topics and has presented advanced/basic negotiation, mediation, and arbitration skills training seminars/workshops in Latin America, Far East, and throughout the United States.

Previously, Mr. Rumbaugh was Corporate Director of Contracts & Pricing for Lear Astronics Corporation where he was responsible for the contracts, pricing, and business management functions. Earlier he was Assistant to Corporate Vice President, Contracts and legal counsel at a major business unit for Hughes Aircraft Company (Hughes Electronics). Before joining Hughes he was Corporations Counsel for the California Department of Corporations.

Mr. Rumbaugh received his Bachelor of Science degree in engineering from UCLA and was employed as an engineer with Westinghouse Electric Corporation prior to attending California Western School of Law where he received a Juris Doctor degree. He also has an ADR Mediation Certificate from Pepperdine University and Center for Conflict Resolution, an Advanced Management Program Certificate from the USC Graduate School of Business and is currently an adjunct professor at several universities for their commercial/business, contract & procurement, international law and ADR/Negotiation programs. He is an advisor to the California State University Contracts and Procurement Certification Program.

His current/past membership on arbitration and mediation panels includes the Large, Complex Case Panel of the American Arbitration Association and National Association of Securities Dealers as well as the following:

· Center for Conflict Resolution panel of Arbitrators/Mediators
· State of California Department of Insurance Qualified Mediator
· State of California Public Works Contract Arbitrator
· EEOC Qualified Mediator
· Los Angeles Superior Court Judge Pro Tem
· Former Federal Administrative Law Judge, EEOC
· Numerous Federal/State Courts and Administrative Boards and

Charles Rumbaugh is an active member of NCMA, co-chair of its ADR committee, CPCM, Fellow, and member of the NCMA Board of Advisors. He is immediate past Co-Chair of the California State Bar Franchise Law Committee; and currently Vice-Chair of the California State Bar Business Law Section ADR Committee. He is an active member of the American Bar Association (ABA) including vice-Chair of the Strategic Alliances Committee of the ABA Public Contract Law Section and founder of the Public Contracting Committee of the ABA Dispute Resolution Section. He is also a member of the Procurement Committee of National Defense Industrial Association and has represented it on joint industry/Air Force ADR IPTs.

Ms. Bostrom was #5 in the world in 1979 in ladies doubles tennis. She played tennis for 8 years internationally. The highlight of her career was in 1977 on centre court at Wimbledon when she and her partner beat a doubles team headlined by Billie Jean King. Ms. Bostrom knew all the tennis greats: Chis Evert, Jimmy Connors, Bjorn Borg, Martina Navratilova, and Billie Jean King. 17 years ago, Ms. Bostrom was the first woman to be inducted into the Husky Hall of Fame. A few years ago, she served as President of the University of Washington Alumni Association. Today, Ms. Bostrom is a practicing attorney in her hometown of Seattle. Ms. Bostrom will share some of her experiences as a professional tennis player, discuss sports contract negotiations, endorsements and critical elements of a sports contract.

National Contract Management Association