FRANCIS G KALYK

MISSION STATEMENT

With 39 years legal experience, I provide an alternative to litigation. By embarking on a principled negotiation strategy, you can save time and money to achieve a desirable outcome on the basis of a capped costs retainer.
I approach a solution by way of a strategic negotiation to seek a win-win situation, rather as opposed to a winner take all outcome of litigation.
I am happy to discuss your problem and how I can assist, on a no cost basis.

MY APPROACH

For each specific situation, I adopt an individually developed strategy, employing the following principles

  • Identify the client’s objectives.
  • Assess those objectives to ensure that they are achievable and consistent with the client’s overall commercial goals.
  • Evaluate and prioritise the objectives to identify their criticality and importance.
  • Identify the other parties’ apparent and real issues and their importance.
  • Communicate and engage with the other parties, to:
    1. Enable those parties to state and understand their positions and their consequences;
    2. Promote trust of the other parties in the intended process and my involvement in it;
    3. Better understand the other parties’ true objectives and their appropriateness; and
    4. Identify avenues for resolution or agreement.
  • Identify and obtain agreement by all parties upon solutions which resolve any outstanding issues or dispute.

SERVICES

I provide valuable cost effective assistance in the following circumstances

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    Disputes

    Litigation is an unsatisfactory process on many levels.

    It is a blunt, costly and complex process. It fractures relationships, diverts valuable executive time and involves a significant uncapped “investment” to achieve uncertain benefits.

    I offer benefits which lawyers and mediators cannot

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    Commercial Transaction

    One of the most difficult aspects of commercial life is to negotiate for yourself. It carries with it the baggage of both the personal desire to win, and the fear of the consequences of loss. It is always easier to negotiate another’s deal than to negotiate your own.

    I offer a resource on which the executive(s) can rely to test and refine their negotiating strategy.

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SKILLS AND EXPERIENCE

In late 2016, I commenced to put into practice for the approach on which I have been working on and refining for 39 years. Importantly, it adopts the art of strategic negotiation, a practice which the ethics of the profession of law necessarily limits.

  • I was for 27 years a solicitor in commercial practice in Sydney and Newcastle. I started my own firms and later joined national commercial practices, working in Sydney.
  • From 39 years legal practice as a solicitor and barrister and from extensive commercial experience, I have been able to develop an approach to strategic commercial negotiation which has proven successful, by dealing directly with the parties concerned and focusing on the real issues preventing agreement.
  • I have worked on major infrastructure and development projects for major public and private companies.
  • My practice extended across all states and into Papua New Guinea.
  • I have also acted as project manager for several large development projects and have completed developments as principal. I have undertaken my own developments and business ventures and have served on the board of a listed enterprise.
  • I hold a Bachelor of Commerce (Accounting) degree and am familiar with accounting, cash-flow and financing issues.
  • Before commencing the present practice as a negotiator, I was a barrister practising in commercial litigation in Sydney, principally in the Equity Division of the Supreme Court, for 12 years.
  • I have substantial experience in building and construction disputes, joint venture disputes, and general commercial litigation.
  • I have participated in many mediations.
  • ​In the course of my career, I have successfully undertaken a large number of commercial negotiations in varying roles.
  • I have now elected to cease practise as a lawyer, so that I might pursue practice as a negotiator, in the most effective manner.

If you think I may be able to assist, please contact me to discuss your needs, or to arrange to meet.

If you wish to engage me, I can then propose a fee basis for you. I will keep all discussions and the fact of discussions confidential, to be disclosed only as you agree.

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