Communication & negotiation

Question 1

. Forms of Communication

Answer 1

• Verbal
• Non-verbal (Body language, eye contact, gestures, appearance, etc.)
• Written
• Graphic
• Presentation
• Listening

Question 2

Barriers to Effective Communication

Answer 2

• Verbal (Tone, clarity, language barriers, silence, etc.)
• Technical language (Jargon)
• Emotional / Language barriers
• Disinterest
• Prejudice / Bias
• Interruptions
  ‘- Technology
• Your/ their current mood
• Level of knowledge on a topic from person to person
• Not being able to meet in person (due to Covid)
• A lack of understanding of your audience

Question 3

Tell me some good negotiation skills?

Answer 3

• Detailed research and preparation
• Preparing your ‘win-win’ and fall back situations
• Undertake a SWOT analysis
• Decide what is and isn’t negotiable
• Develop partnering approach rather than adversarial
• Attitude - The project must be the winner not individuals

Question 4

What makes successful negotiations?

Answer 4

• Preparation and collating supporting documentation
• Each party gets the chance to present their case in a calm forum
• Identify bargaining positions and make proposals.
• Bargain on concessions and compensation to reach final proposal
• Agree and confirm the deal; confirm who does what.

Question 5

What are the key steps when preparing for a negotiation?

Answer 5

There are 3 stages up to negotiation
1) Claim notified / received (identify what the issue is, what needs to be negotiated, who is involved, background research required)
2) Initial response & planning (what is stance, any bargaining power, aims, strategy & how this fits with other party, what can be conceded, influence meeting by disclosing information)
3) Preparing to meet (further detailed planning, negotiation team selection & role definition) 4) Negotiation meeting

Question 6

How do you approach a negotiation?

Answer 6

You should explain the situation you are going to use and then set out how you prepared evidence to support your case and how you came to understand what the other side would be looking for in their negotiation.
* methods of communication;
* what types of communication to use in different circumstances;
* communication skills;
* oral and written communication;
* links between negotiation and conflict avoidance; and
* examples of using negotiation skills.

Question 7

Why did you choose to use the media you did to communicate with your client in your critical analysis project?

Answer 7

Your critical analysis is the best way for the panel to assess your written communication skills and your presentation and the interview will allow them to assess your verbal communication skills.
This question requires you to show that you can use appropriate media for communication. You should consider issues of formality, record keeping, confidentiality and client relations in your answer.

Question 8

9. What is inclusive communication?

Answer 8

Inclusive Communication is sharing information in a way that everybody can understand. People understand and express themselves in different ways.
Listening
Training
Body Language
Encouragement and Feedback

Question 9

10. What should you consider before going into a negotiation?

Answer 9

• Goals & objectives
• Best outcome
• BATNA (Best alternative to a negotiated agreement) Worst outcome you are prepared to accept.
• Preparation and gathering of information
• Building rapport and trust
• Communications strategy
• Timing and environment
• Flexibility & creativity in your approach

Question 10

11. What is a negotiation?

Answer 10

Negotiation refers to a process of communication and discussion between two or more parties with the aim of reaching an agreement or resolving a conflict.

Question 11

12. What situations are the outcomes of a negotiation?

Answer 11

12. What situations are the outcomes of a negotiation?
    * Win – win
    * Win – loose
    * Loose – loose
    * Compromise
    * No agreement
    * Partial agreement

Question 12

Give an example of tailoring a communication method for a target audience?

Answer 12

When presenting to end users of the Army I avoid use of technical terminology or acronyms, I tailor the presentation to convey key information such as on AEMP in the progress meeting, and present only key information such as dates, next steps, provide simple 2-d floor layouts opposed to the full technical drawings.

Question 13

You issue a report and notice a mistake once it’s sent, how would you deal with it?

Answer 13

’- Call the client, apologise, and ask for it to be retracted
- Reissue a new report as soon as possible
- Take steps to ensure that the same issue wont reoccur

Question 14

How do you prepare for your meetings? / How do you manage meetings?

Answer 14

Ensure I have previous minutes or notes
Ensure there is required attendance
Set and circulate an agenda in advance
Ensure I have the required documents or equipment to hand relevant to f2f or virtual meetings
Ensure everyone has the opportunity to contribute
Do introductions where needed
make it an inclusive meeting

Question 15

Where is the RICS guidance for social media set out?

Answer 15

‘RICS Regulation - Use of social media 2021

Question 16

What does without prejudice mean?

Answer 16

’- You can speak freely during negotiations
- What is discussed can’t be held against you
- Enables parties to a dispute to communicate freely for the purposes of facilitating a settlement, without being at risk of having those communications produced and disclosed and used against them, thereby potentially undermining their case in the event that a settlement is not reached

Question 17

How do you prepare for a negotiation?

Answer 17

’- Clients best and worst case scenario
- Review documents and meeting minutes
- Try and understand what the other party is looking to achieve
- Identify points you’re willing to concede on and points you need to argue
- Identify common ground
- Know my best and worst outcomes

Question 18

What type of negotiator do you believe you are?

Answer 18

’- Competition (win-lose)
- Collaboration (win-win)
- Compromise (split the difference)
- Accommodation (lose-win)
- Avoidance (lose-lose)

Question 19

Can you explain some typical negotiation skills?

Answer 19

’- Preparation and collating supporting documentation
- Each party gets the chance to present their case in a calm forum
- Identify bargaining positions and make proposals
- Bargain on concessions and compensation to reach final proposal
- Agree and confirm the deal; confirm who does what

Question 20

What makes a successful negotiator?

Answer 20

’- A good memory
- Persuasive and quick-minded
- Able to gain the trust of the other party
- Good at handling stress
- Efficient at preparing information
- Ability to listen effectively
- Good intuition and are able to gauge the other party’s approach and opinion
- Able to concede or to be flexible if necessary

Question 21

What stages of a construction project might involve negotiations?

Answer 21

’- Tendering and procurement
- Agreeing Variations
- Agreeing Final Accounts
- Extensions Of Time
- Payment Terms
- Loss and Expense
- Anything that will make an adjustment to the contract sum

Question 22

What are considered to be the four stages of negotiation?

Answer 22

‘1. Preparation
2. Exchange
3. Bargaining
4. Closure/agreement

Question 23

5 styles of negotiation

Answer 23

Competitive
Collaborative
Compromising
Accommodating
Avoiding

Question 24

Types of negotiations and the outcomes

Answer 24

Question 25

What is included within one of your appointment documents

Answer 25

Name of the parties
The project
Form of contract / Secondary option clauses
Payment period - every 30 days
The amounts of insurance and the periods for which the Consultant maintains insurance
Resolving and avoiding disputes

Question 26

What is ADR and what is the hierarchy of options

Answer 26

Alternative Dispute Resolution is a way to resolve disputes between clients and firms after an internal complaints procedure has been exhausted.

This would be
Negotiation
Mediation
Adjudication
Arbitration
Litigation

Question 27

What is the difference between Adjudication and arbitration

Answer 27

1
- Adjudication is typically a quick, interim resolution process used in construction disputes to keep a project moving. It involves a neutral third party, often an adjudicator, making a binding decision on the dispute.
- Arbitration is a more formal and final dispute resolution process where a neutral arbitrator or a panel of arbitrators hears evidence and arguments from both parties and issues a binding decision that is enforceable in court.

2. Adjudication is often used to resolve specific issues that arise during a project quickly to keep the project on track. The decision made in adjudication is usually binding temporarily until a final resolution is reached.
   
   • Arbitration is generally used to resolve disputes that parties have agreed to submit to arbitration in a contract. The decision made in arbitration is final and binding, and it is enforceable in court.
3. Decision-Making:
   
   • In adjudication, the adjudicator’s decision is usually made based on the evidence presented and relevant laws or contract terms. The decision is typically made quickly to maintain progress on the project.
   • In arbitration, the arbitrator’s decision is made after a more formal process that may involve hearings, witnesses, and the presentation of evidence. The decision is final and binding on the parties.
4. Enforceability:
   
   • Adjudication decisions are often temporary and can be challenged or revised in subsequent proceedings. They are usually not directly enforceable in court.
   • Arbitration decisions are final and binding, and they can be enforced in court if necessary through a court judgment.
5. Cost and Time:
   
   • Adjudication is generally quicker and less expensive than arbitration because it is designed to provide a rapid resolution to specific issues.
   • Arbitration can be more time-consuming and costly, especially for complex disputes that require extensive evidence and legal arguments.

Overall, while both adjudication and arbitration are alternative dispute resolution methods, they differ in terms of their nature, purpose, decision-making process, enforceability, and cost. Parties should consider these differences when choosing the appropriate method to resolve their disputes.

Question 28

What is the process of adjudication?

Answer 28

1. Initiation (Timeline: Few days to a few weeks):
   
   • One party files a complaint or claim against the other party to initiate the adjudication process.
2. Response (Timeline: Few days to a few weeks):
   
   • The other party responds to the claim and presents their side of the story within a specified timeframe.
3. Evidence (Timeline: Few weeks to a few months):
   
   • Both parties submit evidence to support their claims, which can include documents, witness testimony, or expert opinions.
4. Hearing (Timeline: Few hours to several days):
   
   • A formal hearing is conducted where both parties present their case, question witnesses, and rebut arguments made by the other party. The scheduling of the hearing depends on the availability of parties, witnesses, and the adjudicator.
5. Decision (Timeline: Few days to a few weeks):
   
   • The adjudicator reviews the evidence and arguments presented and makes a decision based on the facts and applicable law within a specific timeframe after the hearing.
6. Judgment (Timeline: Few days to a few weeks):
   
   • The adjudicator issues a written judgment outlining the resolution of the dispute and any remedies or damages awarded within a specified timeframe after making the decision.
7. Enforcement (Timeline: Varies):
   
   • If one party fails to comply with the adjudicator’s decision, the other party may seek enforcement through legal means. The timescales for enforcement actions can vary significantly depending on the legal system and enforcement mechanisms involved.

These timescales are approximate and can vary based on factors such as the complexity of the case, the legal system in which the adjudication takes place, and the availability of parties and adjudicators. Parties involved in the adjudication process should be mindful of deadlines and timelines to ensure the process moves forward efficiently.