3) Communication and Negotiation - L1 L2 Mandatory

Question 1

My Level 1 Answer

Answer 1

I understand effective communication forms the basis of all professional instructions and interactions. I know to adopt the most appropriate communication method based on client requirements in which I am able to utilise verbal, non-verbal, written and visual communication whilst always being aware of their barriers. Through reading RICS Guidance note ‘Conflict Avoidance and Dispute Resolution within Construction’ section 2.2.1, I understand the importance of being properly and fully prepared before entering negotiation.

Question 2

My Level 2 Answer

Question 3

What is communication?

Question 4

Which forms of communication are you aware of?

Answer 4

Verbal
Non-verbal (Body language, eye contact, gestures, appearance, etc.)
Written
visual/graphical
Presentations
Listening

Question 5

What are the types of Communication?

Answer 5

• Emails
• Phone calls
• Letters
• Reports
• Meetings
• Presentations

Question 6

Explain how different forms of communication can be more suitable than others in different situations?

Answer 6

• If it is a legal matter written always.
• Site inspection reports for progress.
• Talk on the phone if someone is particularly confrontational.

Question 7

Explain how different forms of communication can be more suitable than others, in different situations.

Answer 7

A legal matter of anything that may be required to be referred to in future would benefit from a paper trail such as emails etc.

On the other hand in the other party is particularly confrontational a phone call may be a better option to protect and safeguard the surveyor

Site inspection reports for progress

Question 8

What are your thoughts on on using email as a form of communication?

Answer 8

Emails carry the same legal value as a letter and contracts can be inadvertently created by email.

Therefore, as a professional I know to be very careful with regards to the content and form of the email. There tends to be lax as they are perceived as informal.

Always communicate in a professional manner even if other parties don’t.

Make sure that you select the correct recipient and do not show others’ e mail addresses without their consent.

Question 9

What are the main principles of effective communication?

Question 10

What does effective communication look like to you?

Question 11

Can you explain some barrier to communication ?

Answer 11

Verbal (Tone, clarity, language barriers, silence, etc.)
Technical language (Jargon)
Emotional / Language barriers
Disinterest
Prejudice / Bias
Interruptions
Time

Question 12

Why is listening an important part of the communication process?

Answer 12

It allows for a clear understanding of the speaker’s message and fosters mutual respect.

Question 13

How do you change your style of communication and negotiation when dealing with clients, contractors and colleagues?

Answer 13

I act professionally in every facet of my life, My style does not alter as such but I do not necessarily need to record conversations with colleagues in writing unless it is project specific

Question 14

What would you consider before delivering a technical presentation to a client team?

Answer 14

I have the facts, I am able to answer questions , I have sought advise and support for the limitations in my knowledge

Question 15

Explain a situation when a visual presentation would be beneficial to your client.

Answer 15

When presenting a visual representation of the proposed plans for a project, they can see and pose questions regarding the design. This is particularly better than a report detailing design consideration and ethos.

Question 16

How do you communicated differently for a technical vs non-technical client?

Question 17

What are the benefits and limitations of a phone call?

Answer 17

Time is a benefit as you can get a response straight away and are able to discuss matters. You can also sense their attitude through tone of voice.

A limitation is that the conversation is not documented and also things can be forgotten about.

Question 18

How is communication with clients different to other design disciplines?

Answer 18

They may not be as technically aware, therefore discuss using simple, non-technical and understandable language. The use of use drawings or photographs could be employed

Question 19

Delete

Answer 19

Dleete

Question 20

You have made a mistake in a report. What do you do to communicate it to the client?

Answer 20

I would communicate this with the client immediately over the phone, explaining the situation and that a new, accurate report will be issued with amendments.

I would follow-up this call with an email so that the situation is documented.

Question 21

You need to write a letter to the client to justify additional fees. What do you include?

Question 22

You have to deliver bad news. How do you approach this?

Question 23

Can you provide an example of your oral communication skills?

Answer 23

I have been responsible for giving a number of presentations

I have held site meetings with the contractor to discuss various issues & presenting monthly reports within the meeting.

I also use my oral communication skills when dealing with day to day issues.

Question 24

Explain a situation when a visual presentation would be beneficial to your client.

Answer 24

When visually attempting to present design options

Question 25

Tell me about the relationship between communication and negotiation…

Question 26

How do you take meeting minutes?

Answer 26

Make note of all attending participants, purpose of the meeting, address any business previously discussed and make notes of everything discussed in this meeting and if applicable, when the next meeting might be. These notes are then typed up and distributed accordingly.

Question 27

How do you prepare for your meetings?

Answer 27

I review the previous meeting notes and also review any relevant documents such as drawings or specifications and emails so that I understand the purpose of this meeting. Consider any action points

Question 28

What may be included within meeting minutes?

Answer 28

Titles, subheadings, agenda, introductions, apologies, actions from previous minutes, actions, any issues/concerns in general, health and safety, programme………………. review

Question 29

When you chair a meeting, how do you make it effective?

Answer 29

Set and agenda
Prepare for it in advance
Be punctual for the meeting
Take minutes of the meeting
Give chance to everyone to speak understand body language

Question 30

What would you do if someone went off-topic when you are chairing a meeting and taking minutes?

Answer 30

Allow them to finish talking then in a calm and polite manner, ask them to keep to the agenda and not go off topic

Question 31

Explain your communication skills.

Answer 31

I use a number of form of communication dependant on the application and the recipient. This can be in the form of reports, drawings, schedules, presentation and photographs.

Question 32

Explain a situation when a visual presentation would be beneficial to your client.

Answer 32

When presenting a visual representation of the proposed plans for a project, they can see and pose questions regarding the design. This is particularly better than a report detailing design consideration and ethos.

Question 33

Delete

Answer 33

Delete

Question 34

How do you prepare for your meetings? / How do you manage meetings?

Answer 34

I review the previous meeting notes and also review any relevant documents such as drawings or specifications and emails so that I understand the purpose of this meeting. Consider any action points

Question 35

What would you consider before delivering a technical presentation to a client team?

Answer 35

• I have the facts
• I am able to answer questions
• I have sought advice and support for the limitations in my knowledge

Question 36

What current challenges is Covid and/or Brexit bringing to Communication & Negotiation?

Answer 36

Cost of labour, cost of materials, timescales due to limited supply, unprecedent demand and lack of supply.

Question 37

What is a project dashboard?

Answer 37

A one-page, high level summary report issued weekly or fortnightly that details key issues using a red, amber and green traffic light system.

Programme. Cost (including changes). Quality. Risks. Actions required. Future events (short term).

Question 38

How do you take minutes?

Answer 38

Make note of all attending participants, purpose of the meeting, address any business previously discussed and make notes of everything discussed in this meeting and if applicable, when the next meeting might be. These notes are then typed up and distributed accordingly.

Question 39

When you chair a meeting, how do you make it effective?

Answer 39

Set and agenda
Prepare for it in advance
Be punctual for the meeting
Take minutes of the meeting
Give chance to everyone to speak understand body language

Question 40

What is working open book?

Answer 40

A transparent process that encourages all stakeholders to work in a collaborative manner, as all the costs are seen by the client.

Question 41

How do you or would you improve collaboration ?

Answer 41

Involve leaders in corporate communication
Avoid cringe-worthy team-building exercises
Create teamwork recognition programs
Clarify ownership early on
Make communication a two-way Street
Know who does what
Have a clear organizational purpose
Set clear team goals

Question 42

How do you prepare for your meetings?

Answer 42

I review the previous meeting notes and also review any relevant documents such as drawings or specifications and emails so that I understand the purpose of this meeting. Consider any action points.

Question 43

What do you do to ensure your clients understand the technical aspects of your report?

Answer 43

The RICS Home survey Standard (professional Statement) 2019 states that where possible technical jargon should be kept to a minimum unless not possible and it which case, I will clearly explain what the technical terms mean on a separate page so the client can refer to the meaning. I inform all my clients that I will make myself available to discuss the report further over the phone or face to face if there is still any confusion.

Question 44

What is negotiation / are negotiations ?

Answer 44

Negotiation is a communicative process necessary in situations where two or more parties must reach a common, agreed position.

Question 45

What are considered to be the four stages of negotiation?

Answer 45

Preparation
Exchange
Bargaining
Closure.

Question 46

What are the types of negotiation ?

Answer 46

Competition (win-lose)
Collaboration (win-win)
Compromise (split the difference)
Accommodation (lose-win
Avoidance (lose-lose)

Question 47

What type of negotiator do you believe you are?

Answer 47

I try to incorporate all of the aspects into my negotiations, if I was to pick just one it would be analysts, considering all the facts before answering and proceeding

Question 48

What type of negotiator do you believe you are ?

Answer 48

Collaboration (win-win)
Compromise (split the difference)
Accommodation (lose-win
Avoidance (lose-lose)

Question 49

What are the different styles to adopt in negotiations?

Answer 49

Competitive – Win/Lose
Collaborative – Win/Win
Compromising – Win/Win
Accommodating – Lose/Win
Avoidance – Lose/Lose

Question 50

What are the potneial outcomes of negotiations ?

Answer 50

Win Win
Win Lose
Lose Lose
Lose Win

Question 51

How do you prepare for a negotiation? (not my answer - see my personal answer)

Answer 51

Clients best and worst case scenario, review documents and meeting minutes and then try and understand what the other party is looking to achieve.

Question 52

How would you prepare for a negotiation? (not my answer - see my personal answer)

Answer 52

Understand why the negotiation was taking place
Clarify the impact e.g. the importance of the relationship vs the outcome
Define what is negotiable and what is not
Define a win-win and fall back positions.
Understand or estimate the other parities win-win and fall back positions
Identify areas of common ground
Prepare evidence and rationale to support my case.

Question 53

How would you prepare for negotiations ? (not my answer - see my personal answer)

Answer 53

• Detailed research and preparation
• Preparing your ‘win-win’ and fall back situations
• Undertake a SWOT analysis
• Decide what is and isn’t negotiable
• Develop partnering approach rather than adversarial
• Attitude - The project must be the winner not individuals

Question 54

How would you prepare for negotiations? (not my answer - see my personal answer)

Answer 54

• Identify the type of negotiation and what is to be discussed
• Collate all possible information
• Figure out what your deal position is, what are you willing to compromise on?
• Organise your points for discussion
• Be confident in explaining your points
• Manage the expectations of the people involved.

Question 55

How do you prepare for negotiations? (not my answer - see my personal answer)

Answer 55

• Consider the other side and the preferred outcome
• Ensure to prepare all evidence and suitable paperwork
• To ensure the time is spend on trying to reach a solution
• Can allow for proceeding to run smoothly
• To allow for progression of the matter / dispute

Question 56

How do you prepare for negotiations? - My answer

Answer 56

• Understand why the negotiation is taking place
• Collate all possible information, undertake detailed research and prepare all evidence
• Establish the strength of your client’s position and other side’s position
• Preparing your ‘win-win’ situation and fall back situations (compromises)
• Manage the expectations of the people involved.
• Organise your points for discussion
• Maintain a good attitude - The project must be the winner not individuals

Question 57

Explain some typical negotiation skills.

Answer 57

Preparation and collating supporting documentation
Each party gets the chance to present their case in a calm forum
Identify bargaining positions and make proposals
Bargain on concessions and compensation to reach final proposal
Agree and confirm the deal; confirm who does what

Question 58

What do you understand as relevant negotiation techniques ?

Answer 58

Some of the most common are distributive negotiation, integrative negotiation, team negotiation, and multiparty negotiation.

Question 59

What current challenges is Covid and/or Brexit bringing to Communication & Negotiation?

Answer 59

Cost of labour, cost of materials, timescales due to limited supply, unprecedent demand and lack of supply.

Question 60

Using an example, explain what contractual terms you have negotiated.

Answer 60

I have negotiated submitted cost tender prices, start date and finish date, ability to claim for an extension of time. Expand…

Question 61

What did you do that lead to a successful negotiation with the contractor?

Answer 61

Before I enter into negotiations, I speak with my client to determine what their best and worst case scenario is so that I have a goal to work towards. I will then review any project documentation, previous meeting minutes and emails so that I am prepared and ready to act in my clients best interest.

In an attempt to ease the discussion, I put a positive spin on it by focused on the parties interests to explore trade-offs.

Question 62

How do you determine if costs are fair and reasonable?

Answer 62

I will review the BCIS, Spons and in house data to gauge an estimate of how much something is likely to cost. An alternative is to use recent similar projects as an example to give a good indication of the likely cost.

Question 63

What makes a successful negotiator?

Answer 63

A good memory.
They are persuasive and quick-minded.
They are able to gain the trust of the other party.
They are good at handling stress.
They are efficient at preparing information.
They have the ability to listen effectively.
They have good intuition and are able to gauge the other party’s approach and opinion.
They are able to concede or to be flexible if necessary.

Question 64

Give us an example when you had to handle difficult negotiations ?

Answer 64

During the rectification period of Project ‘X’ I uncovered poor workmanship and had to negotiate a solution.

Question 65

What is a a win-win situation?

Answer 65

When the agreement reached cannot be improved further by any discussions. Outcome cannot be improved for your benefit, and similarly, the agreement for the other party cannot be improved further for their benefit either. There is no value left on the table and all creative options have been thoroughly explored and exploited.

Question 66

How would you conduct a negotiation?

Answer 66

• Rehearse my opening ask the opening question to control negotiation
• Convey confident, congruent communication
• Match body language and terms used, maintain eye contact
• Manage expectations
• Trade at low value, do not give a concession without trading it with reluctance
• Be respectful but persistent
• Assess offers on the spot and be courteous.
• Questioning. Ask open and closed questions to exert control.

Question 67

What are the tools of a negotiator?

Answer 67

• Position power
• Expertise or knowledge
• Charisma
• Having alternative solutions prepared
• Using past events as a precedence

Question 68

What Stages of a construction project might involve negotiations?

Answer 68

Tendering and procurement
Agreeing Variations
Agreeing Final Accounts
Extensions Of Time. Payment Terms
Loss and Expense
Basically anything that will make an adjustment to the contract sum.

Question 69

Do you know of any theory on negotiation?

Answer 69

The Thomas and Kilman approach: To take a more people approach to disputes, with 5 types of responses:

Compete whereby you pursue your own interests.
Accommodate whereby you satisfy the other parties interests.
Avoid whereby you try to avoid the conflict all together.
Collaborate whereby you reach and agreement to satisfy both parties.
Compromise whereby you reach a mutually agreeable solution for both parties.

Question 70

How do you ensure that you are successful in a negotiation?

Answer 70

Preparation; I will always review my arguments, produce and provide back-up information for each point. This allows me to negotiate my points confidently. This allows me to know my bottom line.

Question 71

How should you record an agreement at the end of negotiating?

Answer 71

Either get both parties to sign the agreement. Or produce a written confirmation, i.e. via email of the agreements made.

Question 72

What needs to be included within a Loss and Expense claim with regards to the information provided?

Answer 72

The main events/dates that are relevant to the Loss and Expense and how they affected the works. This should be listed in chronological order. Cross Reference the claim with the appropriate clause in the contract.

Question 73

What is the purpose of maintaining good records?

Answer 73

I will either document via email after the event. Or I will get both parties to sign the agreement in person. This avoids any ambiguity over what was agreed.

Question 74

Who do you go about establishing your objectives for a negotiation?

Answer 74

Depending on what it is, but I will typically review my bottom line for whatever I am negotiating. I.e. if negotiating my Final Account with a Client, I will review my costs to date so I can negotiate my position confidently.

Question 75

What is a win win scenario ?

Answer 75

Win-win outcomes occur when each side of a dispute feels they have won. Since both sides benefit from such a scenario, any resolutions to the conflict are likely to be accepted voluntarily. The process of integrative bargaining aims to achieve, through cooperation, win-win outcomes.

Question 76

What is a win lose scenario ?

Answer 76

Win-lose situations result when only one side perceives the outcome as positive. Thus, win-lose outcomes are less likely to be accepted voluntarily. Distributive bargaining processes, based on a principle of competition between participants, are more likely than integrative bargaining to end in win-lose outcomes–or they may result in a situation where each side gets part of what he or she wanted, but not as much as they might have gotten if they had used integrative bargaining.

Question 77

What is a lose lose situation ?

Answer 77

Lose-lose means that all parties end up being worse off. An example of this would be a budget-cutting negotiation in which all parties lose money. In some lose-lose situations, all parties understand that losses are unavoidable and that they will be evenly distributed. In such situations, lose-lose outcomes can be preferable to win-lose outcomes because the distribution is at least considered to be fair.

Question 78

How to get a successful negotiation

Answer 78

1) Separate the people from the problem
Strive to imagine the situation from their counterpart’s viewpoint. If someone is refusing to back down from a hardline position, ask her how she thinks things are going. Exploring each side’s perceptions openly and avoiding the tendency to blame are key negotiation skills.

2) Focus on interests, not positions
We need to draw out the interests underlying our counterpart’s positions by asking questions. By identifying what interests are motivating the other party, and sharing your own interests, you can open up opportunities to explore tradeoffs across issues and increase your odds of getting to yes.

3) Learn to manage emotions
Be sure that you and your counterpart have ample opportunities to express and discuss any strong emotions related to your negotiation. When you know that you will have your turn to express how you’re feeling, it will be easier for you to listen when your counterpart has his turn.

4) Express Appreciation
No one likes to feel unappreciated, and this is particularly true in a negotiation. Advise negotiators to express appreciation by working to understand the other’s perspective, seeking merit in that perspective, and communicating understanding through words and actions—all critical negotiation skills.

5) Put a positive spin on your message
Communicating in a positive way is a much more effective means of getting to yes than blaming and criticizing. Instead of speaking on behalf of your group, speak only for yourself.

6) Escape the cycle of action and reaction
Avoid the common negotiation trap of action and reaction. To head off this vicious cycle, avoid escalation by refusing to react. Instead, channel our resistance into more productive negotiation strategies, such as “exploring interests, inventing options for mutual gain, and searching for independent standards.”

Question 79

Explain some typical negotiation skills

Answer 79

• Preparation and collating supporting documentation
• Each party gets the chance to present their case in a calm forum
• Identify bargaining positions and make proposals.
• Bargain on concessions and compensation to reach final proposal
• Agree and confirm the deal; confirm who does what.

Question 80

Using an example, explain what contractual terms you have negotiated.

Answer 80

Candidate specific. Answer should include :

• Reference to a negotiation
• How did you prepare
• What was the outcome
• How did you manage the negotiations?

Question 81

Explain some typical negotiation skills.

Answer 81

Analysing
Strategizing
Persuasion
Communication
Teamwork
Distributive negotiations
Integrative negotiations
Management negotiations

Question 82

Explain the difference between competitive and principled negotiations.

Answer 82

Competitive negotiations are a direct hard approach to reach your aim, Principled negotiation involves drawing on objective criteria to settle differences of opinion

Question 83

Explain how you prepared for the resolution meeting to ensure the disputed matters were dealt with in a polite and a mutually beneficial manner.

Answer 83

I considered what each side what intending to reach from the negotiations, prepared evidence and facts and set clear ground rules from the outset.

Question 84

Give me an example of how you would approach a negotiation meeting ?

Answer 84

Step 1: Defining Issues in Negotiation
Step 2: Defining Underlying interests
Step 3: Analyze the other party
Step 4: Project the other party’s issues
Step 5: Define other party’s interests
Step 6: Consider how interests impact each other and the parties
Step 7: Consult with others
Step 8: Set goals for the process

Question 85

If the contractor had not accepted your arguments about the disputed items, how would you have proceeded to resolve the situation?

Answer 85

The costs would then be ‘ At Large’ and if further negotiations did not come a conclusion the matter would be escalated as per the contract - arbitration and adjudication.

Question 86

How would substantiate your costs when negotiating with another surveyor ?

Answer 86

Spons pricing book
Previous project works
BCIS Cost data

Question 87

Can you give me an example of when you have negotiated a final account ?

Answer 87

Candidate specific

Question 88

Are you aware of BATNA ?

Answer 88

BATNA
* Best
* Alternative
* To
* Negotiator
* Agreement

Question 89

Are you aware of WATNA ?

Answer 89

WATNA
* Worst
* Alternative
* To
* Negotiator
* Agreement