Communication and negotiation (L1-2)

Question 1

What is communication?

Answer 1

• Means to share in Latin
• Oxford Dictionary defines it as ‘the imparting or exchanging of information by speaking, writing or using some other medium’

Question 2

What does communication require?

Answer 2

• A communicator
• A medium, and
• A recipient

Question 3

What methods of communication exist?

Answer 3

• Written (reports, letters, emails)
• Graphic (plans, designs, sketch notes)
• Verbal (meetings, presentations, telephone calls)
• Non-verbal (body language, eye contact, gestures)

Question 4

What are the things to consider when communicating? TTIIMI

Answer 4

• Target audience
• Time limits
• Is there a need to record the communication?
• Is there a history of communication?
• Method of communication
• Intended message

Question 5

What can ineffective communication lead to? FUCST

Answer 5

• Frustration
• Unforeseen costs
• Contractual issues
• Stress
• Time delays

Question 6

What are the barriers to effective communication?

Answer 6

• Verbal - tone and language barriers
• Ambiguity
• Jargon
• Bias
• Prejudice
• Poor listening skills

Question 7

What is negotiation?

Answer 7

• It is a process whereby the parties work between themselves to resolve any issues or differences.
• It relies upon the parties finding common ground.
• It is more than just a dispute resolution procedure, it can be used to negotiate building contracts in the first place.

Question 8

What is the process of negotiation?

Answer 8

• The most important aspect is being properly prepared by having detailed understanding of the issue and both parties positions
• This will include an objective assessment of what the item is worth even if it has been concluded that there is no liability
• As you are more likely to resolve the issue if all matters are considered

Question 9

What are the two main approaches to negotiation?

Answer 9

• Competitive and,
• Principled

Question 10

What is a competitive approach to negotiation?

Answer 10

• A competitive approach starts with an offer that is very low (usually much less than what the party would accept)
• The offer is then increased gradually whilst other issues are weaved in to hopefully settle the matter

Question 11

What is a principled approach to negotiation?

Answer 11

A principled approach involves:
- Setting objective criteria: to obtain a more accurate value as opposed to bargaining over amounts
- A proper assessment of the alternative to a negotiated settlement
- Separating people from the problem: to maintain focus on the issues as opposed to the parties attacking each other

Question 12

What would you do following a negotiation meeting where a verbal agreement was made?

Answer 12

• Follow it up in writing as soon as possible
• Setting out what was agreed
• Request the other party confirm back
• If no reply was received I would follow it up to remind them

Question 13

What makes a successful negotiation?

Answer 13

• Good preparation
• Prior discussion with the client regarding concessions and non-negotiable items
• Good record keeping
• Clear presentation of the facts to support the position

Question 14

How did you prepare for your negotiation on the variations for the WCSP Enhanced Enabling Works project?

Answer 14

I prepared by
- Collating the necessary information to support the position
- Having detailed understanding of the issue and the other parties position
- Prior discussion with the PM regarding concessions and non-negotiable items and about taking a principled based approach to negotiating with the contractor

Question 15

How did you prepare for your negotiation’s final accounts?

Answer 15

I prepared by
- Collating the necessary information to support the position
- Having detailed understanding of the issue and the other parties position
- Prior discussion with the PM regarding concessions and non-negotiable items and about taking a principled based approach to negotiating with the contractor

Question 16

What was the strategy you adopted and how was this implemented?

Answer 16

I adopted a principled approach which involved:
- Setting objective criteria: to obtain a more accurate value as opposed to bargaining over amounts
This was implemented by considering each element of the quotation individually and agreeing on the principle of how it should be assessed e.g. with reference to the SCC or by a clear-build up of the design activities such that hours could be properly assessed for example

Question 17

How did you formally record the outcomes and actions of these negotiations?

Answer 17

• Follow it up in writing as soon as possible
• Setting out what was agreed and
• Requested the other party confirm back

Question 18

How could you have improved your approach and the outcome?

Answer 18

I could improve my negotiation skills which in turn would improve the outcome by:
- Being more aware of non-verbal clues such as the other Parties body language (to gauge level of interest, discomfort or agreement) and my own (to maintain confidence and openess) and
- By being more patient with the process and in future suggesting breaks if a deadlock is hit during the meeting

Question 19

Can you describe how you would prepare for a negotiation?

Answer 19

I prepare by
- Collating the necessary information to support the position
- Having detailed understanding of the issue and the other parties position
- Prior discussion with the PM regarding concessions and non-negotiable items and the approach e.g. principled based approach

Question 20

How would you manage a point you could not agree on, say the cost of a variation?

Answer 20

• I would seek to agree objective principles with the other Party in the first instance
• I would also undertake an objective assessment of what the item is worth even if it has been concluded that there is no liability
• I would seek to ascertain the clients concessions and non-negotiable items
• I would also consider the implications of an alternative to a negotiated settlement
• However, in the event it could not be settled amicably through negotiation
• It would be advisable for the parties to consider other alternative dispute resolution options such as mediation and conciliation (the presence of a third party may help put perspective on issues)
• If resolution is still not reached then adjudication would be the first formal step for resolving the dispute
• It should be noted that negotiation or agreements outside of the contract terms should only be carried out where formally instructed to by the employer

Question 21

How do you ascertain the most suitable methods of communication for a particular task?

Answer 21

By considering:
- Target audience
- Time limits
- Is there a need to record the communication?
- Intended message

Question 22

How do you ensure your reports are appropriate for the intended
audience?

Answer 22

I tailor the content based on the intended audiences needs, level of expertise and expectations.
For example, if the need of the report is to provide a financial update to senior management, the report will likely include the use of visuals focusing on key metrics as opposed to a wordy technical report with granular details

Question 23

What strategies would you consider in preparation of a
negotiation?

Answer 23

• There are two main approaches to negotiation - Competitive and Principled
• Given the client environment and sector I work in, a principled based approach is adopted
• This involves setting objective criteria as opposed to barraging over amounts such that a more accurate value is obtained as opposed to barginaing over amounts to ensure vakue for money is obatined.