Communication and Negotiation Flashcards
What are the different types of Communication methods?
- Written
- Graphic
- Verbal
- Non-verbal
How would you prepare for a negotiation?
1) Agree clients objectives and negotiating strategy before starting the negotiations
2) Detailed research and preparation (SWOT analysis)
3) Deciding which points I can concede on and which are non-negotiable
4) Understand the other parties position
5) Develop collaborative approach with opposing valuer
What skills are useful for effective teamworking?
- establish team goals
- communicate expectations
- encourage cohesion between team members
- leverage team member’s strength
- recognise and encourage collaborative behavior
What are the four different negotiating styles?
Competing
Collaborating
Compromising
Accomadating
What are some advantages of written communication?
- Complex/technical information can be communicated via drawings/diagrams etc.
- Creates a record of communication.
- Information can be circulated to multiple parties.
What are some disadvantages of written communication?
- Unclear whether the recipient has received the message.
- You will not know if the recipient has understood the message.
- It is much harder to ask questions and gain clarity.
- Legally binding
What is negotiation?
Discussions to reach a compromise or agreement.
What is your negotiating style?
It depends on the situation and opposing valuer, but if there is a strong case for the client then I would aim to get the best deal.
However, I aim to be collaborative to find a resolution.
What is a ‘without prejudice’ offer?
Statements that are made in a genuine attempt to settle a dispute cannot be used in court as evidence or against the party that made them.
What current challenges is Covid and/or Brexit bringing to Communication & Negotiation?
Cost of labour, cost of materials etc have led to increased costs which has made negotiating more difficult.
Everything is now online, importance of effective communication to ensure your point is understood.
When would you choose to use written communication over verbal communication or a face to face meeting?
Written to confirm terms of engagement - where you need record of what has been agreed
verbal could be for negotiation purposes - always follow up with written comms.
What barriers to effective communication have you come across?
When someone does not respond or established means of communication have not been confirmed
What is ‘Without prejudice and save as to costs’
Marking a communication with the words “without prejudice save as to costs” means that this correspondence cannot be shown to the Court until after the main issue is resolved.
However, the ‘save as to costs’ part means that the communication can be disclosed when the Court is considering the issue as to liability of costs.