logo

800.626.0054

 
  Interface Consulting X Logo    
  • Home
  • About Interface
    • Overview
    • News and Press Releases
    • Case Studies
    • Interface Articles
    • Employment Opportunities
  • Expert Services
    • Construction Claims & Disputes
      • Construction Delay Claims
      • Labor Productivity Claims
      • Design and Construction Defect Claims
      • Force Majeure Claims
      • Acceleration Claims
      • Suspension and Termination Claims
      • Differing Site Conditions Claims
      • Change Claims
    • Construction Defects
    • CPM Schedule Analysis
      • Windows Analysis or Contemporaneous Period Analysis
      • Time Impact Analysis (TIA)
      • Collapsed As-Built
      • Impacted As-Planned
      • As-Planned vs. As-Built
    • Construction Management
      • Contract Administration
      • Implementation of Project Controls
      • Execution of Processes and Procedures
      • Change Management
      • Risk Management
    • Litigation & Arbitration
      • Prudence Evaluation Experts
      • International Arbitration Construction Experts
      • Labor Productivity Analysis Experts
      • Schedule Delay Experts
      • Damage Quantification Experts
      • Design & Construction Defects Experts
      • Acceleration Experts
      • Suspension & Termination Experts
      • Force Majeure Experts
      • Differing Site Conditions Experts
      • Construction Change Experts
      • Standard of Care
    • Project Advisory
      • Construction Readiness Assessment
      • Contracting Strategy Development
      • Cost Risk Assessment
      • Project Audit
      • Project Execution Planning
      • Project Framing
  • Industries Served
    • Buildings & Facilities
      • Buildings
        • Education
        • Government Buildings
        • Commercial Buildings
        • Retail
      • Healthcare
      • Entertainment, Sports & Convention Centers
      • Industrial & Manufacturing
      • Multifamily Housing & Hotels
        • Multifamily Housing
        • Hotels
    • Transportation & Infrastructure
      • Airports
      • Heavy Civil
      • Roads, Highways, Bridges & Rail
      • Utilities
      • Water & Wastewater Treatment
    • Oil & Gas Pipelines
      • Land Pipelines
      • Subsea Pipelines
    • Marine & Offshore Production
      • Offshore
      • Ports, Piers & Wharfs
      • Shipbuilding & Vessels
    • Power & Energy
    • Chemical & Petrochemical
    • LNG & NGL
    • Oil & Gas Processing
    • Refining
    • Megaprojects
  • Interface Experts
    • Sam Barakat, PE, Esq., PSP
    • Jacob P. Hammond, CST
    • Lisa Sumner Heard
    • Dennis R. Jasinski, Fellow – ICCP
    • Mohamed W. Khazragui
    • Angela E. Lopez
    • Karen P. Matthews
    • Nicholas V. Ninan
    • Gabriel Paglicawan
    • Tapan Patni
    • Christopher J. Sullivan
    • Philip D. Barnard, PE
    • David Frinsco
    • Michael T. Gunter, PE, EVP
    • Chad P. Kirlin, PE, PMP
    • Greg Lamberson
    • Pete D. Luan, PMP
    • Charles W. Miller
    • Carolyn L. Morgan, CPA
    • Sean P. Pellegrino, PE
    • Leslie Rucker, CSP
    • Rodney Crawford, CPA
    • Kip Hamilton, CPA, CFE
    • Joel Murovitz, LEED AP
  • Contact Us
  • Client Login
  • Home
  • About Interface
    • Overview
    • News and Press Releases
    • Case Studies
    • Interface Articles
    • Employment Opportunities
  • Expert Services
    • Construction Claims & Disputes
      • Construction Delay Claims
      • Labor Productivity Claims
      • Design and Construction Defect Claims
      • Force Majeure Claims
      • Acceleration Claims
      • Suspension and Termination Claims
      • Differing Site Conditions Claims
      • Change Claims
    • Construction Defects
    • CPM Schedule Analysis
      • Windows Analysis or Contemporaneous Period Analysis
      • Time Impact Analysis (TIA)
      • Collapsed As-Built
      • Impacted As-Planned
      • As-Planned vs. As-Built
    • Construction Management
      • Contract Administration
      • Implementation of Project Controls
      • Execution of Processes and Procedures
      • Change Management
      • Risk Management
    • Litigation & Arbitration
      • Prudence Evaluation Experts
      • International Arbitration Construction Experts
      • Labor Productivity Analysis Experts
      • Schedule Delay Experts
      • Damage Quantification Experts
      • Design & Construction Defects Experts
      • Acceleration Experts
      • Suspension & Termination Experts
      • Force Majeure Experts
      • Differing Site Conditions Experts
      • Construction Change Experts
      • Standard of Care
    • Project Advisory
      • Construction Readiness Assessment
      • Contracting Strategy Development
      • Cost Risk Assessment
      • Project Audit
      • Project Execution Planning
      • Project Framing
  • Industries Served
    • Buildings & Facilities
      • Buildings
        • Education
        • Government Buildings
        • Commercial Buildings
        • Retail
      • Healthcare
      • Entertainment, Sports & Convention Centers
      • Industrial & Manufacturing
      • Multifamily Housing & Hotels
        • Multifamily Housing
        • Hotels
    • Transportation & Infrastructure
      • Airports
      • Heavy Civil
      • Roads, Highways, Bridges & Rail
      • Utilities
      • Water & Wastewater Treatment
    • Oil & Gas Pipelines
      • Land Pipelines
      • Subsea Pipelines
    • Marine & Offshore Production
      • Offshore
      • Ports, Piers & Wharfs
      • Shipbuilding & Vessels
    • Power & Energy
    • Chemical & Petrochemical
    • LNG & NGL
    • Oil & Gas Processing
    • Refining
    • Megaprojects
  • Interface Experts
    • Sam Barakat, PE, Esq., PSP
    • Jacob P. Hammond, CST
    • Lisa Sumner Heard
    • Dennis R. Jasinski, Fellow – ICCP
    • Mohamed W. Khazragui
    • Angela E. Lopez
    • Karen P. Matthews
    • Nicholas V. Ninan
    • Gabriel Paglicawan
    • Tapan Patni
    • Christopher J. Sullivan
    • Philip D. Barnard, PE
    • David Frinsco
    • Michael T. Gunter, PE, EVP
    • Chad P. Kirlin, PE, PMP
    • Greg Lamberson
    • Pete D. Luan, PMP
    • Charles W. Miller
    • Carolyn L. Morgan, CPA
    • Sean P. Pellegrino, PE
    • Leslie Rucker, CSP
    • Rodney Crawford, CPA
    • Kip Hamilton, CPA, CFE
    • Joel Murovitz, LEED AP
  • Contact Us
  • Client Login

Negotiation: Working It Out

by Bennett Coleman
Construction LitigationJuly 30, 20070 comments

Negotiation is a process for satisfying needs. People negotiate daily in various situations. Individuals negotiate with others for everything from the cost of a car to the choice of restaurant for dinner. Negotiation is a form of cooperation and leads to compromises acceptable to both sides, bringing business projects to fruition. Many individuals become particularly skilled in negotiation through their life experiences. Others study the traits and techniques of successful negotiators. A select few become expert negotiators in the construction industry.

The Qualities of a Professional Negotiator

Awareness: Probably the single most important trait of a skilled negotiator is awareness. Negotiators must not only be perceptive of others, they must also be knowledgeable about themselves and the details of the issues under consideration. Negotiators must be able to understand others’ reactions and quickly respond in a positive and productive manner. Awareness of the objectives and emotional involvement of both parties is of critical importance, since negotiations frequently seem to be on the verge of collapse. Additionally, a skilled negotiator is aware of the role of egos on both sides of the negotiation and makes appropriate allowances to ensure that these personalities do not become the focus of the negotiation.

Patience: Patience is a significant factor in the negotiation process. Impatience is a primary reason why negotiations break down. A skilled negotiator must have a high tolerance for frustration and be able to cope with delays and extended discussions. Unfortunately, many negotiators possess awareness, but lack patience. Realizing this shortcoming in themselves, intuitive negotiators use the skills of coworkers and other professionals to supplement their efforts.

Flexibility: Another characteristic of a successful negotiator is flexibility. Skilled negotiators rarely resort to a take-it-or-leave-it position. The professional negotiator is continually thinking of options and alternatives to ensure the negotiations proceed smoothly. Negotiators must rely on flexibility to continue positive communications until a point is finished. Experienced negotiators realize it is not necessary to succeed on every point. Flexibility instills self-confidence in the negotiator and communicates to others strength of character. Negotiation is not a game to be won or lost, but rather a challenge to provide solutions to complex business disputes.

Attentiveness: At the end of a prosperous career, a highly respected salesman was asked, “What made you so successful in a territory where few had done well?” He responded, “I listened well.” This individual was not only a good salesman, he was also a skilled negotiator. He knew he could make a sale once he determined the needs of the other party. He was attentive to his clients and determined his responses by listening carefully to the client’s position. As well as being attentive to what was said, he was attentive to the way it was said by assessing the tone of voice and body language. A negotiator listens to what is said as well as focusing on the speaker’s attitude and the tone of the message. This full consideration provides the negotiator with an accurate analysis of the issue.

The skilled negotiator should be able to call upon all of the above characteristics during the negotiation process. The negotiator focuses on cooperation, collaboration, and productivity rather than emphasizing the tenuous proximity between negotiation and litigation.

Source: Interface Consulting International, Inc.

Released: July 30th, 2007 11:00 AM

Phone: (713) 626-2525

Fax: (713)626-2555

Email: contact@interface-consulting.com

Mediation - A Process of Assisted NegotiationPrev
When Profits Are at Stake - Increase Your Ability to PersuadeNext

Categories

CONTACT US

To find out how our Construction Consultants and Experts can assist you, or for other inquiries, please call 800.626.0054 or

EMAIL US NOW

The views expressed in this article are those of the author(s) and not necessarily the views of Interface Consulting, its management, or its other professionals.

logo

Interface Consulting provides a portfolio of professional support services to a wide range of clients including owners, contractors, attorneys, engineers, insurers, and suppliers involved in the engineering and construction process.

Quick Links

  • About Interface
  • Industries Served
  • News & Press Releases
  • Interface Articles
  • Interface Experts
  • Employment Opportunities
  • Client Login

Expert Services

  • Construction Claims & Disputes
  • Construction Defects
  • Construction Management
  • CPM Schedule Analysis
  • Litigation & Arbitration
  • Project Advisory

Corporate Office

  • Interface Consulting International, Inc.
  • 5847 San Felipe Street, Suite 1910
  • Houston, TX 77057
  • contact@interface-consulting.com
  • 800.626.0054(Phone)
  • 713.626.2555 (Fax)
  • Get Directions
  • Branch Offices
  • Naples, Florida
       
  • Interface Consulting
  • Terms of Use
  • Privacy Statement
  • Site built with Port City Media.