5 - Communication and Negotiation - Updated

Question 1

Communication and Negotiation - Extract from Candidate Guide - Aug 2018 (updated Feb 2022)

Answer 1

Question 2

Explain how different forms of communication can be more suitable than others, in different situations.

Answer 2

A legal matter of anything that may be required to be referred to in future would benefit from a paper trail such as emails etc.

On the other hand in the other party is particularly confrontational a phone call may be a better option to protect and safeguard the surveyor.

Question 3

Explain a situation when a visual presentation would be beneficial to your client.

Answer 3

When visually attempting to present design options, risk management workshops.

Question 4

What type of negotiator do you believe you are ?

Answer 4

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

Question 5

Explain some typical negotiation skills.

Answer 5

• 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 6

What do you understand as relevant negotiation techniques ?

Answer 6

Some of the most common are distributive negotiation, integrative negotiation, team negotiation, and multiparty negotiation.

Question 7

How do you change your style of communication and negotiation when dealing with clients, contractors and colleagues?

Answer 7

I act professionally in every facet of my life, My style does not alter as such but I do not necessarily need to record conversations with colleagues in writing unless it is project specific and or has legal ramifications.

Question 8

What would you consider before delivering a technical presentation to a client team?

Answer 8

• I have the facts
• I am able to answer questions
• I have sought advice and support for the limitations in my knowledge

Question 9

What current challenges is Covid and/or Brexit bringing to Communication & Negotiation?

Answer 9

Cost of labour, cost of materials, timescales due to limited supply, unprecedent demand and lack of supply.

Question 10

Using an example, explain what contractual terms you have negotiated.

Answer 10

I have negotiated submitted cost tender prices, start date and finish date, ability to claim for an extension of time. Expand…

Question 11

How do you take minutes?

Answer 11

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 12

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

Answer 12

I review the previous meeting notes and also review any relevant documents such as drawings or specifications and emails so that I understand the purpose of this meeting. Consider any action points.

Question 13

What are the types of negotiation ?

Answer 13

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

Question 14

How do you prepare for a negotiation?

Answer 14

Clients best and worst case scenario, review documents and meeting minutes and then try and understand what the other party is looking to achieve.

Question 15

What do you do to ensure your clients understand the technical aspects of your report?

Answer 15

The RICS Home survey Standard (professional Statement) 2019 states that where possible technical jargon should be kept to a minimum unless not possible and it which case, I will clearly explain what the technical terms mean on a separate page so the client can refer to the meaning. I inform all my clients that I will make myself available to discuss the report further over the phone or face to face if there is still any confusion.

Question 16

What methods did you use to show your client the design options?

Answer 16

I present the design options to clients via online platforms so that it provides them with an opportunity to be interactive with the design and make small changes in front of them whilst discussing the changes so that they can visualise how it will change.

When designs are agreed, I consider visiting site again with the drawing and mark out approximate locations on the ground so that they can better visualise the sizes.

Question 17

What did you do that lead to a successful negotiation with the contractor?

Answer 17

Before I enter into negotiations, I speak with my client to determine what their best and worst case scenario is so that I have a goal to work towards. I will then review any project documentation, previous meeting minutes and emails so that I am prepared and ready to act in my clients best interest.

In an attempt to ease the discussion, I put a positive spin on it by focused on the parties interests to explore trade-offs.

Question 18

How do you determine if costs are fair and reasonable?

Answer 18

I will review the BCIS, Spons and in house data to gauge an estimate of how much something is likely to cost. An alternative is to use recent similar projects as an example to give a good indication of the likely cost.

Question 19

How do you take minutes?

Answer 19

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 20

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

Answer 20

I review the previous meeting notes and also review any relevant documents such as drawings or specifications and emails so that I understand the purpose of this meeting.

Question 21

What makes a successful negotiator?

Answer 21

• A good memory.
• They are persuasive and quick-minded.
• They are able to gain the trust of the other party.
• They are good at handling stress.
• They are efficient at preparing information.
• They have the ability to listen effectively.
• They have good intuition and are able to gauge the other party’s approach and opinion.
• They are able to concede or to be flexible if necessary.

Question 22

What do you think about email communication?

Answer 22

• They have the same legal value than a letter and contracts can be inadeptly created by e mail.
• We must therefore be very careful to the content and form of e mail communication. There tends to be lax as they are perceived as informal.
• Always communicate in a professional manner even if other parties don’t.
• Make sure that you select the correct recipient and do not show others’ e mail addresses without their consent.

Question 23

Give us an example when you had to handle difficult negotiations ?

Answer 23

During the rectification period of Project ‘X’ I uncovered poor workmanship and had to negotiate a solution.

Question 24

Give me an example of your oral communication skills.

Answer 24

• I have been responsible for giving a number of presentations
• I have held site meetings with the contractor to discuss various issues & presenting monthly reports within the meeting.
• I also use my oral communication skills when dealing with day to day issues.

Question 25

How would you prepare for a negotiation?

Answer 25

* 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.

Question 26

What is a a win-win situation?

Answer 26

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.

Question 27

How would you conduct a negotiation?

Answer 27

* 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.

Question 28

What are the tools of a negotiator?

Answer 28

* Position power * Expertise or knowledge * Charisma * Having alternative solutions prepared * Using past events as a precedence

Question 29

What is a project dashboard?

Answer 29

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).

Question 30

What Stages of a construction project might involve negotiations?

Answer 30

* 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.

Question 31

Do you know of any theory on negotiation?

Answer 31

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.

Question 32

How do you ensure that you are successful in a negotiation?

Answer 32

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.

Question 33

How should you record an agreement at the end of negotiating?

Answer 33

Either get both parties to sign the agreement. Or produce a written confirmation, i.e. via email of the agreements made.

Question 34

What is working open book?

Answer 34

A transparent process that encourages all stakeholders to work in a collaborative manner, as all the costs are seen by the client.

Question 35

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

Answer 35

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 36

What are considered to be the four stages of negotiation?

Answer 36

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

Question 37

What is the purpose of maintaining good records?

Answer 37

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

Question 38

How do you ensure an agreement is recorded?

Answer 38

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.

Question 39

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

Answer 39

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.

Question 40

What do you see the stages of negotiation being?

Answer 40

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

Question 41

Can you explain some barrier to communication ?

Answer 41

* Verbal (Tone, clarity, language barriers, silence, etc.) * Technical language (Jargon) * Emotional / Language barriers * Disinterest * Prejudice / Bias * Interruptions

Question 42

How would you prepare for negotiations ?

Answer 42

* 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 43

What are the potneial outcomes of negotiations ?

Answer 43

* Win Win * Win Lose * Lose Lose * Lose Win

Question 44

How do you or would you improve collaboration ?

Answer 44

* Involve leaders in corporate communication * Avoid cringe-worthy team-building exercises * Create teamwork recognition programs * Clarify ownership early on * Make communication a two-way Street * Know who does what * Have a clear organizational purpose * Set clear team goals

Question 45

What are negotiations ?

Answer 45

Negotiation is a communicative process necessary in situations where two or more parties have to reach an common, agreed position.

Question 46

Can you name some forms of communication ?

Answer 46

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

Question 47

What is a win win scenario ?

Answer 47

Win-win outcomes occur when each side of a dispute feels they have won. Since both sides benefit from such a scenario, any resolutions to the conflict are likely to be accepted voluntarily. The process of integrative bargaining aims to achieve, through cooperation, win-win outcomes.

Question 48

What is a win lose scenario ?

Answer 48

Win-lose situations result when only one side perceives the outcome as positive. Thus, win-lose outcomes are less likely to be accepted voluntarily. Distributive bargaining processes, based on a principle of competition between participants, are more likely than integrative bargaining to end in win-lose outcomes--or they may result in a situation where each side gets part of what he or she wanted, but not as much as they might have gotten if they had used integrative bargaining.

Question 49

What is a lose lose situation ?

Answer 49

Lose-lose means that all parties end up being worse off. An example of this would be a budget-cutting negotiation in which all parties lose money. In some lose-lose situations, all parties understand that losses are unavoidable and that they will be evenly distributed. In such situations, lose-lose outcomes can be preferable to win-lose outcomes because the distribution is at least considered to be fair.

Question 50

What are the types of Communication?

Answer 50

* Emails * Phone calls * Letters * Reports * Meetings * Presentations

Question 51

How do you set up communication streams?

Answer 51

* Identify which parties need to communicate with each other * Organise a structure diagram showing contractual links with hierarchy * Identify escalation routes, i.e how to take it to the next senior.

Question 52

What are some of the barriers to communication?

Answer 52

* Time * Attitude * Understanding of topics * Indirect discussions

Question 53

How would you prepare for negotiations?

Answer 53

* Identify the type of negotiation and what is to be discussed * Collate all possible information * Figure out what your deal position is, what are you willing to compromise on? * Organise your points for discussion * Be confident in explaining your points * Manage the expectations of the people involved.

Question 54

What are the different styles to adopt in negotiations?

Answer 54

* Competitive – Win/Lose * Collaborative – Win/Win * Compromising – Win/Win * Accommodating – Lose/Win * Avoidance – Lose/Lose

Question 55

How to get a successful negotiation

Answer 55

1) Separate the people from the problem Strive to imagine the situation from their counterpart’s viewpoint. If someone is refusing to back down from a hardline position, ask her how she thinks things are going. Exploring each side’s perceptions openly and avoiding the tendency to blame are key negotiation skills. 2) Focus on interests, not positions We need to draw out the interests underlying our counterpart’s positions by asking questions. By identifying what interests are motivating the other party, and sharing your own interests, you can open up opportunities to explore tradeoffs across issues and increase your odds of getting to yes. 3) Learn to manage emotions Be sure that you and your counterpart have ample opportunities to express and discuss any strong emotions related to your negotiation. When you know that you will have your turn to express how you’re feeling, it will be easier for you to listen when your counterpart has his turn. 4) Express Appreciation No one likes to feel unappreciated, and this is particularly true in a negotiation. Advise negotiators to express appreciation by working to understand the other’s perspective, seeking merit in that perspective, and communicating understanding through words and actions—all critical negotiation skills. 5) Put a positive spin on your message Communicating in a positive way is a much more effective means of getting to yes than blaming and criticizing. Instead of speaking on behalf of your group, speak only for yourself. 6) Escape the cycle of action and reaction Avoid the common negotiation trap of action and reaction. To head off this vicious cycle, avoid escalation by refusing to react. Instead, channel our resistance into more productive negotiation strategies, such as “exploring interests, inventing options for mutual gain, and searching for independent standards.”

Question 56

Explain how different forms of communication can be more suitable than others in different situations.

Answer 56

if it is a legal matter written always, site inspection reports for progress, talk on the phone if someone is particularly confrontational.

Question 57

Explain some typical negotiation skills

Answer 57

* 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 58

How do you change your style of communication and negotiation when dealing with clients, contractors and colleagues?

Answer 58

I act professionally in every facet of my life, My style does not alter as such but I do not necessarily need to record conversations with colleagues in writing unless it is project specific

Question 59

What would you consider before delivering a technical presentation to a client team?

Answer 59

I have the facts, I am able to answer questions , I have sought advise and support for the limitations in my knowledge

Question 60

Using an example, explain what contractual terms you have negotiated.

Answer 60

Candidate specific. Answer should include : * Reference to a negotiation * How did you prepare * What was the outcome * How did you manage the negotiations?

Question 61

How do you take meeting minutes?

Answer 61

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 62

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

Answer 62

I review the previous meeting notes and also review any relevant documents such as drawings or specifications and emails so that I understand the purpose of this meeting. Consider any action points

Question 63

What are the types of negotiation ?

Answer 63

* Competitive * Collaborative * Compromising * Accommodating * Avoidance

Question 64

How do you prepare for negotiations?

Answer 64

* Consider the other side and the preferred outcome * Ensure to prepare all evidence and suitable paperwork * To ensure the time is spend on trying to reach a solution * Can allow for proceeding to run smoothly * To allow for progression of the matter / dispute

Question 65

When you chair a meeting, how do you make it effective?

Answer 65

* Set and agenda * Prepare for it in advance * Be punctual for the meeting * Take minutes of the meeting * Give chance to everyone to speak understand body language

Question 66

Explain your communication skills.

Answer 66

I use a number of form of communication dependant on the application and the recipient. This can be in the form of reports, drawings, schedules, presentation and photographs.

Question 67

Explain how different forms of communication can be more suitable than others in different situations.

Answer 67

In a number of scenarios a full report may not the best use of chargeable time regarding the output. Some scenarios drawings and sketched can help the client to understand particularly technical items and issues.

Question 68

Explain a situation when a visual presentation would be beneficial to your client.

Answer 68

When presenting a visual representation of the proposed plans for a project, they can see and pose questions regarding the design. This is particularly better than a report detailing design consideration and ethos.

Question 69

What type of negotiator do you believe you are?

Answer 69

I try to incorporate all of the aspects into my negotiations, if I was to pick just one it would be analysts, considering all the facts before answering and proceeding

Question 70

Explain some typical negotiation skills.

Answer 70

* Analysing * Strategizing * Persuasion * Communication * Teamwork * Distributive negotiations * Integrative negotiations * Management negotiations

Question 71

Explain the difference between competitive and principled negotiations.

Answer 71

Competitive negotiations are a direct hard approach to reach your aim, Principled negotiation involves drawing on objective criteria to settle differences of opinion

Question 72

Explain how you prepared for the resolution meeting to ensure the disputed matters were dealt with in a polite and a mutually beneficial manner.

Answer 72

I considered what each side what intending to reach from the negotiations, prepared evidence and facts and set clear ground rules from the outset.

Question 73

Give me an example of how you would approach a negotiation meeting ?

Answer 73

* Step 1: Defining Issues in Negotiation * Step 2: Defining Underlying interests * Step 3: Analyze the other party * Step 4: Project the other party's issues * Step 5: Define other party's interests * Step 6: Consider how interests impact each other and the parties * Step 7: Consult with others * Step 8: Set goals for the process

Question 74

If the contractor had not accepted your arguments about the disputed items, how would you have proceeded to resolve the situation?

Answer 74

The costs would then be ' At Large' and if further negotiations did not come a conclusion the matter would be escalated as per the contract - arbitration and adjudication.

Question 75

How would substantiate your costs when negotiating with another surveyor ?

Answer 75

* Spons pricing book * Previous project works * BCIS Cost data

Question 76

Can you give me an example of when you have negotiated a final account ?

Answer 76

Candidate specific

Question 77

Are you aware of BATNA ?

Answer 77

``` BATNA • Best • Alternative • To • Negotiator • Agreement ```