Communication and Negotiation Flashcards
Can you please define what communication is?
The imparting or exchanging of information by speaking, writing or using some other medium
What are your views on email communication?
Need to take great care when sending e-mails
It is easy to release sensitive information to incorrect parties
Always take care to double check the recipients prior to issue
Even though e-mails appear less formal than written letters they can still have the ability to create contracts and form written instructions
What is a negotiation?
Discussions which are held to reach a compromise or agreement
Parties through an informal or facilitated negotiation process agree to settle a dispute
Concessions and non negotiable items of each party are discussed
Negotiations can be finalised either in line by line detail or at a high level
What would you do following a negotiation meeting where a verbal agreement was made?
I would look to formalise the verbal agreement asap
This would be achieved through issue of written correspondence setting out what was discussed and agreed at the meeting
Within the written communication I would request that the other party confirm agreement by written reply
If confirmation was not received I would follow up with a verbal call reminding them to confirm back in writing
What makes a successful negotiation?
Good preparation and discussion prior to the meeting with the client about the concessions and non negotiable items
* Good record keeping and presentation of written instructions / costed breakdowns that have been received and recorded during the project
* The meeting should be held in a calm environment where both parties are given the opportunity to speak without interruption
* Take regular comfort breaks and time to review discussions in private with the client particularly in heated parts of the negotiation
* Following the agreements within the meeting I would look to formalise these in writing as soon as possible to avoid any confusion around what has been agreed
How would you deliver a report at a meeting?
When presenting a report at the meeting, you should prove to each of the audience a copy of the report in advance. Your job is to highlight the key points in the meeting - as the detail will be covered within the report.
Some may decide to issue the report after the meeting. Issuing it beforehand allows your audience to have a quick skim, raise questions and queries and then you can amend it for the next iteration.
How would you structure and deliver a presentation?
Know your audience, know your material, prepare the PowerPoint (if using),tell a story, consider visual appearance of your presentation.
What is the process of negotiation?
- Preparation
- Discussion
- Clarifications of goals
- Negotiate towards a win-win outcome
- Agreement
- Implementation of a course of action
What should you do if you fail to agree during negotiation?
If failed to agree. Then re-scheduling a further meeting is called for. The stages of negotiation should be repeated in the meeting, alternative solutions should be considered and/or bring in a person to mediate.
How would you compile a report?
I would use Motts MacDonald template, this has a cover page, table of contents, executive summary, introduction, main content, conclusion, recommendation and appendices.
As part of your role as a QS, what reports may you have to produce?
Pre Contract Cost Reports - these reports essentially explain to the client the differences between your estimates at different stages of design
Tender Report - this explains the tender process and results to your client as well as recommendations.
Post Contract Cost Reports - these do not follow the report structure listed above. These reports are financial reports which outline the client’s financial commitment to the project.
Value for Money report – report about proposed variations, any amendments, information on how the QS reviewed the variation and any substantiation requested and the final agreed cost of the variation.
How would you compile minutes of a meeting
Using MM template.
Type of document, Meeting title. Date, time and location of meeting. Purpose. Name of the participants. Apologies and Distribution. (Agenda sent before meeting). Introduction/ Apologies. Any comments from last months meeting. Contractors report. Client matters. Any other business (including reviewing actions from previous meeting), future meetings.
How would you negotiate a contract sum or final account?
The NEC has a ‘rolling final account’ system. If the rules of the contract are followed, i.e. compensation events are resolved within the given timeframes there should be no drawn-out final account process.
The JCT on the other hand does not have strict time limits with respect to variations, this often results in situations where the work is done and parties choose to negotiate a settlement at the conclusion of the contract. The key to this practice is having an excellent record-keeping system. Programmes should be used to track variations and costs should be properly recorded.
How does a conflict procedure work in Motts?
Discuss - Disclose - Manage - Monitor
- Discuss - If you think you may have a COI, talk to your line manager for a personal conflict or the appropriate manager for an organisational conflict.
- Disclose - Use the new, confidential COI tool to disclose and create a record of it.
- Manage - Agree management actions with your line manager or the appropriate manager (and client/funding body where appropriate) and record in the COI tool.
- Monitor - Review and update the disclosure on a regular basis (at least annually).
How would you prepare for a successful negotiation?
Identify your interest and needs as well as those of the other party.
Research, gather information and establish my BATNA and WATNA
(BATNA stands for best alternative to a negotiated agreement, and WATNA stands for worst alternative to a negotiated agreement).
Define my objectives.
Plan my strategy and tactics.
