Level 2 - Communication and negotiation Flashcards Preview

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Flashcards in Level 2 - Communication and negotiation Deck (23)
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What are the 7 deadly sins of PowerPoint presentation?

1. Steals attention
2. too much text on the screen
3. Used to serve too many purposes – visual aid, speaker prompt, handout, takeaway document
4. Every slide looks the same


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.


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 prepares.
• 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).


N1. 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.


N2. Can you explain some alternative negotiation strategies?

• Negotiating a Win/Win situation.
• Negotiating to reach a mutually satisfying agreement between both parties.


N3. 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:

1. Compete whereby you pursue your own interests.
2. Accommodate whereby you satisfy the other parties interests.
3. Avoid whereby you try to avoid the conflict all together.
4. Collaborate whereby you reach and agreement to satisfy both parties.
5. Compromise whereby you reach a mutually agreeable solution for both parties.


N4. 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.


N5. 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.


N6. 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.


N7. What needs to be included within a Loss and Expense claim with regards to the information provided?

• The main events 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.


N8. What are the Loss and Expense Heads of Claims?

• Preliminaries.
• Overheads.
• Loss of Profit.
• Finance Charges.
• Interest.
• Standing Plant.


N9. What are considered to be the four stages of negotiation?

• Preparation.
• Exchange.
• Bargain.
• Agreement/Implementation.


N10. What is the purpose of maintaining good records?

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


N2.1 n your submission you mention that you produced the tender documentation for the Horsham Project, how did you ensure the tender documents were clear?

- Checked by senior colleague and client
- Documented correspondence between myself and contractor via councils tendering system (clarifications)


N2.2 Can you give an example of when you have been involved with a negotiation?

- Negotiation with sub-contractors at Crest Nicholson. E.g. Final account for thin-joint package
- Negotiation with sub-contractors at Crest Nicholson . E.g. Variations with dry-lining contractor
- Negotiation with contractor for rubbish removal at Coventry demolition
- Negotiation with contractor for extension of time on Coventry Demolition


N2.3 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 Ringers Road, 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.

• With regards to negotiating extension of time, I reviewed the contract for the correct procedure.

- Regarding the rubbish removal. Discussed with cost consultant and contractors commercial manager


N2.4 What methods of negotiation do you know of?

The Thomas and Kilmann approach, which is a people first approach with 5 methods.

1. Competitive = negotiating to satisfy your own objectives.
2. Accommodating = negotiating to satisfy the other parties objectives.
3. Avoiding = trying to avoid the negotiation all together.
4. Collaborating = Negotiating together to reach an appropriate settlement.
5. Compromising = Negotiating to reach an amicable settlement for both parties.


N2.5 How do you ensure an agreement is recorded?

• I will either document via email after the event.
• Or I will get both parties to sign the agreement in person.
• This avoids any ambiguity over what was agreed.


N2.6 Who do you go about establishing your objectives for a negotiation?

• Depending on what it is, but I will typically review my bottom line for whatever I am negotiating. I.e. if negotiating my Final Account with a Client, I will review my costs to date so I can negotiate my position confidently.


N2.7 What do you see the stages of negotiation being?

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