While our Miami construction attorneys are skilled in arbitration and litigation, we know that there are practical reasons for choosing to settle disputes through negotiation. Litigation brings with it increased costs in the areas of attorney fees and other court-related costs. For this reason, we encourage parties to attempt negotiation to resolve their disputes before pursuing a more expensive and time-consuming alternative.
Negotiation is an interactive and collaborative communication process between two or more parties to come to an amicable agreement to solve their construction problems. It is important that your attempts at negotiation be a forethought for greater effectiveness. This article will provide advice on how to go about negotiation effectively to achieve a favorable solution.
The Proper Way to Go About Negotiation
Negotiation is a normal part of the construction process that takes place at many stages of a project from negotiating a good contract to agreeing on project changes to ironing out a dispute. Negotiations typically involve preparation, the exchange of information, bargaining, and a commitment to abide by the agreement. Next, relationship-building dialogue should take place to understand each party’s interests and values and to establish rapport. From this point, parties should be able to come to a common ground through appealing to common shared values. This allows for a better bargaining environment. Finally, in the areas where parties do not see eye-to-eye, these differences need to be confronted to allow for growth and the opportunity to improve the bargaining environment.
No Negotiation is Perfect
A negotiation is an opportunity for both parties to make their interests known, but it is a give and take process. If parties are myopic in their view, it will be difficult to come to a solution. If a party is unwilling to make concessions for the benefit of the other party, the negotiation is doomed to fail. This could easily progress to a more aggressive dispute resolution which would require the involvement of a Miami construction attorney.
Selecting an Attorney
At times the mediation of an attorney is necessary. Parties must be wise about the representative they choose to negotiate on their behalf. Some of the attributes to look for in a competent attorney include one that:
- Is thoroughly prepared
- Can manage demands of the case
- Is quick verbally
- Is patient with good listening skills
- Is reputable and has good integrity
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.