The Art of Negotiation
Dispute Resolution takes various forms including courts, arbitration, mediation and experts but the cheapest and quickest is negotiation.
Negotiation should not be an argument and an extension to the dispute, it should be an attempt to find common ground and solutions that remove the aggravation of dispute and allows people to get on with their lives.
Negotiations is what Vickery Holman do on a daily basis in a number of different situations including acquisition and disposals, lease renewals, rent reviews, rating appeals, dilapidation claims and the wider dispute resolution programme.
The ability of learning to negotiate is a skill that everyone utilises in their day to day lives, especially when handling children, but some people are better at it than others. The ability to negotiate has various elements which can be learnt and practiced in order to achieve improved skills. These elements include:
Communication – which has two elements, not only verbal skills of making one’s point but also active listening which enables you to understand the point being made by the other party.
Patience and emotional control – getting angry and frustrated does not help and one has to have respect for the other party even if they prevaricate.
Expectations – this needs to be realistic and this is an important issue for Vickery Holman in advising our clients before entering into negotiations. There is usually a need to compromise at some point, it is very rare for a party to achieve an outright win. Generally the resolution of a dispute means that both parties are mildly disappointed. Expectations need to have a Plan B should you be unable to reach a resolution. Is it a resort to arbitration or is there another method or outcome that you would find attractive.
Persuasion – you need to have the respect and confidence of the party you are dealing with and be able to explain the virtue of your opinion.
An important part of dealing with negotiations is to ‘know your stuff’. You should never enter into negotiation without a clear understanding of what is right and wrong and the evidence you have to support your position.
Negotiations is an everyday skill for surveyors, it’s what we do. Its why we are able to help resolve disputes.
For expert help with dispute resolutions, please talk to our Dispute Resolution team.
