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APC RG > 5 - Communication and Negotiation > Flashcards

5 - Communication and Negotiation Flashcards

1
Q

Communication and Negotiation - Extract from Candidate Guide - Aug 2018 (updated Feb 2022)

A
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2
Q

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

A

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.

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3
Q

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

A

When visually attempting to present design options, risk management workshops.

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4
Q

What type of negotiator do you believe you are ?

A
  • Competition (win-lose)
  • Collaboration (win-win)
  • Compromise (split the difference)
  • Accommodation (lose-win)
  • Avoidance (lose-lose)
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5
Q

Explain some typical negotiation skills.

A
  • 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
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6
Q

What do you understand as relevant negotiation techniques ?

A

*Distributive negotiation
*Integrative negotiation
*Team negotiation
*Multiparty negotiation

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7
Q

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

A

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 and or has legal ramifications.

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8
Q

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

A
  • I have the facts
  • I am able to answer questions
  • I have sought advice and support for the limitations in my knowledge
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9
Q

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

A

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

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10
Q

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

A

I have negotiated submitted cost tender prices, start date and finish date.

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11
Q

How do you take minutes?

A

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.

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12
Q

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

A

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.

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13
Q

How do you prepare for a negotiation?

A

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

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14
Q

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

A

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.

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15
Q

What methods did you use to show your client the design options?

A

I present the design options to clients via online platforms so that it provides them with an opportunity to be interactive with the design and make small changes in front of them whilst discussing the changes so that they can visualise how it will change.

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16
Q

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

A

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.

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17
Q

How do you determine if costs are fair and reasonable?

A

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.

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18
Q

How do you take minutes?

A

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.

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19
Q

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

A

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.

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20
Q

What makes a successful negotiator?

A
  • A good memory.
  • Persuasive and quick-minded.
  • Gain the trust of the other party.
  • Good at handling stress.
  • Efficient at preparing information.
  • Ability to listen effectively.
  • Good intuition and are able to gauge the other party’s approach and opinion.
  • Able to concede or to be flexible if necessary.
  • Expertise or knowledge
  • Charisma
  • Having alternative solutions prepared
  • Using past events as a precedence
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21
Q

What do you think about email communication?

A
  • They have the same legal value as a letter and contracts can be inadeptly created by e mail.
  • We must therefore be very careful to the content and form of e mail communication - often 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.
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22
Q

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

A

During Haliax Fence I uncovered poor workmanship and had to negotiate a solution to rectify the foundations. They insisted they were suitable however did not adhere to the structural engineer’s information. I had developed a good working relationship with them and we collaborated to corroborate that the foundation dimensions that they had installed were in areas suitable and in areas required rectification.

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23
Q

Give me an example of your oral communication skills.

A
  • 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.
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24
Q

How would you prepare for a negotiation?

A
  • 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.
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25
Q

What is a a win-win situation?

A

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.

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26
Q

How would you conduct a negotiation?

A
  • 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.
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27
Q

What is a project dashboard?

A

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).

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28
Q

What Stages of a construction project might involve negotiations?

A
  • Anything that will make an adjustment to the contract sum
  • Tendering and procurement
  • Agreeing Variations
  • Agreeing Final Accounts
  • Extensions Of Time. Payment Terms
  • Loss and Expense
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29
Q

Do you know of any theory on negotiation?

A

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

  1. Compete whereby you pursue your own interests.
  2. Accommodate whereby you satisfy the other parties interests.
  3. Avoid whereby you try to avoid the conflict all together.
  4. Collaborate whereby you reach and agreement to satisfy both parties.
  5. Compromise whereby you reach a mutually agreeable solution for both parties.
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30
Q

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

A

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.

31
Q

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

A

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

32
Q

What is working open book?

A

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

33
Q

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

A

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.

34
Q

What are considered to be the four stages of negotiation?

A
  1. Preparation
  2. Exchange
  3. Bargaining
  4. Closure.
35
Q

What is the purpose of maintaining good records?

A

To ensure that if a disagreement arises between two parties, evidence for your side of the argument can be provided.

36
Q

How do you ensure an agreement is recorded?

A

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.

37
Q

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

A

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.

38
Q

What do you see the stages of negotiation being?

A
  1. Preparation
  2. Exchange
  3. Bargaining
  4. Closure.
39
Q

Can you explain some barrier to communication ?

A
  • Verbal (Tone, clarity, language barriers, silence, etc.)
  • Technical language (Jargon)
  • Emotional / Language barriers
  • Method (online - no non-verbal cues)
  • Disinterest
  • Prejudice / Bias
  • Interruptions
40
Q

How would you prepare for negotiations ?

A
  • 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
41
Q

What are the potential outcomes of negotiations ?

A
  • Win Win
  • Win Lose
  • Lose Lose
  • Lose Win
42
Q

How do you or would you improve collaboration ?

A
  • 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
43
Q

What are negotiations ?

A

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

44
Q

Can you name some forms of communication ?

A
  • Verbal
  • Non-verbal (Body language, eye contact, gestures, appearance, etc.)
  • Written
  • Graphic
  • Presentation
  • Listening
45
Q

What is a win win scenario ?

A

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.

46
Q

What is a win lose scenario ?

A

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.

47
Q

What is a lose lose situation ?

A

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.

48
Q

What are the types of Communication?

A
  • Emails
  • Phone calls
  • Letters
  • Reports
  • Meetings
  • Presentations
49
Q

How do you set up communication streams?

A
  • Identify which parties need to communicate with each other
  • Organise a structure diagram showing contractual links with hierarchy
  • Identify escalation routes, i.e how to take it to the next senior.
50
Q

How would you prepare for negotiations?

A
  • 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.
51
Q

How to get a successful negotiation

A

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.”

52
Q

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

A

if it is a legal matter written always, site inspection reports for progress, talk on the phone if someone is particularly confrontational.

53
Q

Explain some typical negotiation skills

A
  • 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.
54
Q

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

A

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

55
Q

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

A

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

56
Q

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

A

Candidate specific. Answer should include :

  • Reference to a negotiation
  • How did you prepare
  • What was the outcome
  • How did you manage the negotiations?
57
Q

How do you take meeting minutes?

A

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.

58
Q

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

A

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

59
Q

How do you prepare for negotiations?

A
  • 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
60
Q

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

A
  • 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
61
Q

Explain your communication skills.

A

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.

62
Q

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

A

In a number of scenarios a full report may not the best use of chargeable time regarding the output. Some scenarios drawings and sketched can help the client to understand particularly technical items and issues.

63
Q

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

A

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.

64
Q

What type of negotiator do you believe you are?

A

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

65
Q

Explain some typical negotiation skills.

A
  • Analysing
  • Strategizing
  • Persuasion
  • Communication
  • Teamwork
  • Distributive negotiations
  • Integrative negotiations
  • Management negotiations
66
Q

Explain the difference between competitive and principled negotiations.

A

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

67
Q

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

A

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

68
Q

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

A
  • 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
69
Q

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

A

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.

70
Q

How would substantiate your costs when negotiating with another surveyor ?

A
  • Spons pricing book
  • Previous project works
  • BCIS Cost data
71
Q

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

A

Candidate specific

72
Q

Are you aware of BATNA ?

A 
BATNA
•	Best 
•	Alternative 
•	To
•	Negotiator 
•	Agreement
73
Q

Why were the CPR introduced?

A

Known as the Woolf reforms, the CPR made dispute resolution accessible; fair, efficient and simply expressed

APC RG (26 decks)

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