Communication and negotiation Flashcards
How would you prepare for a negotiation?
- 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.
What is a ‘win-win’ situation?
- 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.
What is negotiation?
The process whereby the parties work out between them how to resolve any issues that have arisen. Power to settle the dispute rests with the parties.
Example of when you have negotiated?
I negotiated the sum for a change request regarding extra irrigation on the green roof. This was because the initial change request amount was based on a lack of substantiation. This was also in line with the change procedure in the contract.
How did you prepare for the negotiation regarding the extra irrigation?
- I understood why the negotiation was taking place.
- I clarified why it was important the cost was a correct and competitive price.
- I defined what was negotiable
- I set out how the negotiation would benefit myself and the contractor
- I prepared evidence to rationalise my case.
How would you conduct a negotiation?
- 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.
What are the tools of a negotiator?
- Position power.
- Expertise or knowledge.
- Charisma.
- Having alternative solutions prepared.
- Using past events as a precedence.
What is a dashboard?
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).
What Stages of a construction project might involve negotiations?
- Tendering and procurement.
- Agreeing Variations.
- Agreeing Final Accounts.
- Extensions Of Time.
- Payment Terms.
- Loss and Expense.
- Basically anything that will make an adjustment to the contract sum.
Do you know of any theory on negotiation?
The Thomas and Kilman approach:
To take a more people approach to disputes, with 5 types of responses:
- Compete whereby you pursue your own interests.
- Accommodate whereby you satisfy the other parties interests.
- Avoid whereby you try to avoid the conflict all together.
- Collaborate whereby you reach and agreement to satisfy both parties.
- Compromise whereby you reach a mutually agreeable solution for both parties.
How do you ensure that you are successful in a negotiation?
• 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.
How should you record an agreement at the end of negotiating?
- Either get both parties to sign the agreement.
* Or produce a written confirmation, i.e. via email of the agreements made.
What is working ‘open book’?
• A transparent process that encourages all stakeholders to work in a collaborative manner, as all the costs are seen by the client.
What are considered to be the four stages of negotiation?
- Preparation.
- Exchange.
- Bargain.
- Agreement/Implementation.
How did you prepare for these negotiations you have been involved in?
- For the Final Account meetings, I reviewed all outstanding variations to ensure I was up-to-speed with all the information relating to each. From this I was able to use a collaborative approach towards agreeing these variations and the final account, to ensure both party’s objectives were met.
- With regards to negotiating variations at St Leonards Court, I reviewed the contract documents to ensure where a variation had not been instructed, it was a genuine claim under the contract. By reviewing this information I was able to negotiate my position confidently to get the variations agreed.
