M3. COMMUNICATION AND NEGOTIATION Flashcards
Which forms of communication are you aware of?
- Verbal either in person or via telephone.
- Non-verbal such as body language, eye contact, gestures and appearance.
- Written for example e-mails and letters.
- Graphical information such as charts, diagrams and tables.
- Presentations.
- Video conference.
What are the barriers to effective communication?
- Overly technical language that may not be understood by lay clients.
- Emotionally charged and heated conversations when parties are unable to listen.
- International language barriers.
- Bias.
- Interruptions and distractions.
- Background noise pollution.
- Poor call quality.
- Poorly maintained and adversarial relationships.
Please explain to me your approach when negotiating in challenging circumstances?
*Undertake detailed research on the matters under consideration and form an opinion.
* Compile supporting documentation as substantiation to any claims.
* Arrange meeting with the client to discuss non-negotiable items.
* Develop a partnering approach during negotiations rather than an adversarial one.
* My attitude and ethos is that the project must be the winner not individuals.
What makes a successful negotiation?
- Preparation and collating supporting documentation.
- Each party should get the chance to present their case in a calm forum.
- Identification of bargaining positions and politely making proposals.
- A swift confirmation in writing on what was agreed at the meeting.
- A confirmation of next steps to bring the negotiations to a close.
What are the key steps when preparing for a negotiation?
- 1) Claim notification – Notify parties involved with details of items in contention prior to the meeting.
- 2) Internal research and preparation – Undertake research and planning. Discuss concessions and non negotiable items with the client prior to the meeting. Anticipate possible counterarguments.
- 3) Organisation of the meeting - The time and venue for the negotiation meeting will be arranged followed by the actual meeting itself.
What happens during a negotiation meeting?
- Both parties should be allowed to discuss their position.
- Parties should look to maintain professionalism and respectful at all times.
- Parties should honour the agreements reached for the benefit of the project.
- Once the negotiation items are agreed they should be put in writing as soon as possible.
Please provide an example of when you had to handle difficult negotiations?
*Led negotiations to agree the final account on Project MaxFax Refurbishment.
*Contractor included additional preliminaries in the draft final account due to an EOT but failed to complete works by the adjusted Completion Date.
*Proposed a commercial settlement to formally close out the project.
*Advised that contractor may consider waiving entitlement to loss and expense on condition that liquidated damages were not deducted - this benefitted the client financially and contractor reputationally,
*Negotiation ensured the project was delivered within budget.
Please provide an example of your oral communication skills.
- I regularly chair site meetings with project stakeholders.
- I regularly present cost reports to clients via teams.
- I also use my oral communication skills when dealing with day-to-day issues on the phone, within meetings and on video call.
What are your thoughts on using e-mail as a form of communication?
- When issuing e-mails it is easy to become complacent as they are perceived as being informal.
- However, E-mails carry the same legal value as a letter and contracts can be inadvertently created by e-mail.
- We must therefore be very careful with regards to the content and form of the e-mail communication.
- I am always sure to communicate in a professional manner even if other parties do not.
When would you use written forms of communication within your day to day role?
- Issuing emails and letters.
- Leaves audit trail and record of correspondence.
When would you use verbal forms of communication within your day to day role?
- Phone calls as an informal method of communication to build relationships.
What is the purpose of maintaining a clear audit trail?
An audit trail provides documented evidence of decisions made, ensuring accountability and transparency.
How do you use meetings in negotiating with contractors?
Meetings provide a collaborative environment to discuss variations and final accounts in more depth.
Why is recording verbal agreements in writing important?
It ensures there’s an audit trail for future reference, reducing the risk of miscommunication.
Why is it important to use informal communication methods in negotiations?
Informal methods like phone calls help foster trust and build positive working relationships.
