SoE - Communication and negotiation

Question 1

What does without prejudice mean?

Answer 1

This phrase is often found at the head of legal correspondence, where its intention is to render the contents inadmissible as evidence. This is a form of privilege enabling genuine and open dialogue between parties attempting to settle disputes without the process then being disclosed in evidence, in the event that those discussions fail to resolve the dispute.

It is usually used at the head of legal correspondence or written communication that forms part of a legal negotiation and means that anything contained in the correspondence cannot be used in evidence and does not affect either party’s right to accept/decline an offer or change their position.

Question 2

How would you chair a meeting, for example a pre-starting meeting?

Answer 2

I would issue a diary invite to all required to attend with a prepared agenda. Make note of all attending participants, purpose of the meeting, address any business previously discussed and make notes of everything discussed in this meeting and if applicable, when the next meeting might be. These notes are then typed up and distributed accordingly.

Question 3

How would you deal with a negative or disruptive person in a group/team, for example in a client or progress meeting?

Question 4

What needs to be included within a Loss and Expense claim with regards to the information provided?

Answer 4

The main events/dates that are relevant to the Loss and Expense and how they affected the works. This should be listed in chronological order. Cross Reference the claim with the appropriate clause in the contract.

Question 5

What are considered to be the four stages of negotiation?

Answer 5

1. Preparation
2. Exchange
3. Bargaining
4. Closure.

Question 6

What is the purpose of maintaining good records?

Answer 6

To ensure that if a disagreement arises between two parties, evidence for your side of the argument can be provided.