Communication and negotiation Flashcards
When is one form of communication better than another?
Explaining something complex e.g. a variation. It may be better to discuss it on site in person so that people can visualise rather than over email. Or if over email include diagrams / sketches.
What the barriers to effective communication?
- Language barrier
- Technical language
- Recipient is dis-interested or not paying attention
- Timing of the communication
- Physical barriers e.g. arms folded, hand over mouth
- Interruptions
- Location – can’t physically meet in person
- Poor listening skills
what makes a good communicator?
- Ability to listen
- Open body language
- Clarity
- Timing
- Don’t hide behind emails
- Feedback - adapt communication to feedback received
- Ask open-ended questions
- Learn from mistakes
what are the methods of negotiation?
“win-win” - each side is working towards a solution where everyone wins. Foster trust and good working relationships.
“win-lose”- one party gets what they want and the other party has to give something up. Does not lead to lasting or positive relationships. e.g.dilaps.
what are the different stages of negotiation?
1.Preparation –
- Discussion –
a. individuals put forward the case as they see it. - Clarification of goals
- Negotiation towards a win-win outcome
- Agreement – needs to made perfectly clear so that both parties know what has been decided.
- Implementation of a course of action
What does ‘Without Prejudice’ mean, when would you use it and would you send everything without prejudice?
By stating “Without Prejudice,” negotiations can be entered into openly and potentially without the fear of anything that is said during the negotiations being used in evidence at a trial, should the negotiations fail.
However, just having “Without Prejudice” on a communication is not sufficient for this rule to apply. There are two elements that must be present.
- There must be a dispute.
- The content of the communication must be a genuine attempt to settle the dispute.
What are the outcomes of negotiation.
Win-Win
Win-Lose
Lose-Lose
what elements affect the outcome of negotiation?
- Attitudes
- Knowledge of the issues in question
- Level of preparation
- Interpersonal skills
How do you approach a negotiation?
- Understand the reason for the negotiation
- Collect evidence
- Understand what the other party is trying to achieve
What is a Scott Schedule?
It is an extended dilapidations schedule that allows a tenant to respond.
How long did it take to come to a settlement?
A few months in total. We had one meeting on site at the end to conclude matters.
What are the timeframes you should follow?
- In line with the dilapidations protocol
* 56 days, 56 days then meet in 28 days
What was the financial settlement?
- Landlord said 70k
* We got it down to 50k.
Talk me through a progress meeting?
- I will have prepared a meeting agenda
- Introduce everyone and note those who are not present.
- Discuss the last meeting minutes and action points that were required
- Discuss programme and costs
How did you make sure everyone’s views were heard in a progress meeting?
- I give everyone an opportunity to provide update and mention things that may have been missed.
