Communication & Negotiation Flashcards
What is effective communication?
It is communication that clearly and concisely explains the points required to allow the recipient to fully understand what has been said.
How do you ensure clear communication on your projects?
A communication strategy is set in the PEP. I also coordinate regular formal and informal team meetings to allow regular reviews.
How does your communication differ on video calls?
This has allowed more flexibility within meeting schedules and more attendees to be present at once. I advise where possible half in the room and half online should be avoided.
My communication differs through the ability to talk through a shared screen when online. But understand the benefit for face to face meetings too.
What makes for successful negotiations
- Looking for a win-win situation.
- Deciding on non negotaible points and items to potentially concede prior to the meeting.
- Know when to walk away
- Look for areas of common ground
What is included in your fee proposal?
- Project understanding
- Scope of services
- fee build up
- terms of business
- programme
How did you set your initial fee?
My fee was market based and agreed with the client based on our internal fee structure and benchmarked to similar projects completed.
Why did you reduce your fee?
My fee reduced due to the agreement to reduce my level of scope of service by removing the client only catch up.
When should you decline an instruction?
- If you are not competent to undertake the work
- You have insufficient facts
- The client fails your AML checks
- You have a conflict of interest.
- PI cannot be agreed.
Were you getting a referral fee for the project and what must you consider if this is the case?
You must be completely transparent with you client and note this within the terms of engagement if appropriate.
What is alternative dispute resolution?
These are processes that fall outside the scope of court litigation.
Why is ADR preferred to litigation?
- Speed
- Less costly
- More confidential
- Undertaken outside of a court
How can conflicts be avoided?
Conflicts can be avoided by:
- Clear, concise and careful drafting of a contract or scope of service.
- Adopting a proactive approach to risk analysis
- Managing parties expectations and the implementation of early warning systems.
- Good record keeping that can be referred to before a conflict escalates.
What is adjudication?
- Used in construction pathways and payment disputes
- An adjudicator uses their specialist knowledge to reach a legally binding decision in a contractual process.
- undertaken within 28 days.
- president of RICS (Anne Grey) to nominate the adjudicator)
What is arbitration?
- An arbitrator is appointed on a quasi-judicial role and will have specialist knowledge of the subject area.
- They cannot be sued for negligence and the decisions can be over-ruled by the court of appeal.
- To become an arbitrator you must pass your arbitrator exams
What is mediation?
- Involves a nuetral mediator to facilitate discussions between parties.
- A confidential and informal process.
- The mediator has no decision making authority
