Communication and Negotiation Flashcards
What is a negotiation?
A discussion aimed at reaching an agreement.
What are the four typical stages of a negotiation?
Stage 1: Preparation - Acquire all the documentation, facts, data and information necessary to bring others into agreement
Stage 2: Opening Phase - Exchange information and present each parties objectives
Stage 3: Bargaining Phase - Assess the information provided by both parties and review potential outcomes
Stage 4: Closure Phase - this phase formally seals and binds the parties into the outcomes of the agreement.
A preferred outcome will typically benefit both parties. This is typically described as a win-win when the agreement reached cannot be improved further by any discussions.
When do negotiations commonly take places during the life of a construction project?
- Tendering and procurement
- Agreeing Variations
- Agreeing Final Accounts
- Extensions Of Time
- Payment Terms
- Loss and Expense
How do you prepare for a negotiation?
Understand why the negotiation was taking place. Define a ‘win-win’ and fall back positions.
Understand or estimate the other parties ‘win-win’ and fall back.
Identify areas of common ground.
Prepare evidence and rationale to support your case.
What is a win-win agreement?
A preferred outcome will typically benefit both parties. This is typically described as a win-win when the agreement reached cannot be improved further by any discussions.
What should you consider when communicating?
Who is your target audience?
Are there any time limits or urgency required?
Do you need to record your communication in writing? (for example, a rent review Calderbank offer)
Is there a history of communication between the parties?
What is the most appropriate method of communicating?
What is your intended message?
Ineffective communication can lead to time delays, frustration, stress, unforeseen costs and contractual issues. Getting it right can lead to a more positive experience, potentially winning new work, doing a difficult deal or resolving a complex situation.
What are some barriers to effective communication?
- Verbal - tone of voice, clarity, language barriers, what we don’t say (silence!)
- Jargon/technical language who is your audience, will they understand technical terms or do you need to use simple and use non-technical/lay language?
- Emotional/cultural barriers
- Recipient is disinterested or not paying attention
- Timing of the communication
- Physical barriers, e.g. arms folded, hand over mouth
- Differences in perception/viewpoint
- Prejudice/bias
- Differing expectations
- Interruptions - noise, physical distractions
- Location - can’t physically meet in person
- Attitude/mood
- Poor listening skills
- Assumptions/prior experience
- Ambiguity
- Context
Ways to communicate effectively -
Listen - in a conversation, try to listen more than you speak. You can learn a lot about a person or situation this way - encourage people to talk to you and acknowledge what they say.
- Use silence - often this can communicate a message better than words. Leave a gap in conversation - what the other person says to fill this can often tell you a lot!
- Check your body language - try to maintain a relaxed, open stance and friendly demeanour. Appearing defensive or closed can prevent effective communication or deter others from engaging in productive dialogue.
- Clarity - be clear and concise in what you say or write, avoid using unnecessary words and get to the point quickly where possible.
- Timing - don’t ask an important question first thing on a Monday morning or at 5 minutes to close on a Friday afternoon. Ask when your recipient has time to consider your communication - if they don’t, ask when would be a good time to communicate.
- Don’t hide behind emails - use the phone and speak to your negotiating counterparts or clients rather than sending a bland email. You’re often able to explore alternative opportunities or other ways to overcome challenges. It’s often also a lot quicker to reach a resolution or agree a course of action.
- Feedback - adapt your communication to the feedback you receive. Maybe it would be better to meet your recipient in person or to follow up your conversation with an email. Or, maybe you need to clarify what you said to prevent a misunderstanding.
- Ask open-ended questions to learn more about your recipient and enable you to communicate more effectively.
- Remember to say the other person’s name - it’s one of the most emotionally powerful words to each of us. You don’t need to say it often, but you do need to consider how you say it - we suggest sincerely and positively.
- Learn from your mistakes - if a communication doesn’t go well, ask for feedback and analyse what went wrong. How could you do it better next time? You could ask trusted colleagues, family or friends for feedback on your communication style and success.
What style should a report be in?
When writing professional reports, it’s important to remember that the style of writing will be very different from the academic style used in university essays and dissertations.
Generally, a professional report style needs to be clear, concise, simple and unambiguous.
It’s also important to consider who you are writing for, e.g. a client with little property experience will require a report written in non-technical lay language. If you are writing a report for another professional on the other hand, technical language will be desired to communicate complex ideas and challenges.