Conflict is a part of the construction business. As you work on projects, you’re bound to have disagreements with the other parties involved, and harsh words might be exchanged. But as you work to formally resolve these issues, you might want to exercise care so that you can protect your working relationships and build goodwill while still securing a fair and favorable outcome.
That’s easier said than done, of course, especially when significant sums of money are on the line. But there are some tips that you can utilize to render conflict negotiations more effective and increase your chances of achieving the resolution you want. Let’s look at some of them here.
Tips for effectively negotiating a construction dispute
Improperly handling a construction dispute can lead to unwarranted stress, higher costs, lost time and damage to your business’s reputation. Therefore, as you enter dispute resolution processes, you should consider implementing the following tips:
- Focus on the problem rather than the people involved: It’s easy to get caught up in personal attacks when dealing with disputes over a construction project or a construction contract. But attacking another’s character is only going to stymie resolution and create bad blood between yourself and the other side. Therefore, as you enter negotiations, try to find ways to talk about the issues in a way that seeks mutually beneficial resolution.
- Highlight core needs: In many dispute negotiations, the parties become entrenched in their positions, which stalls progress toward favorable resolution. By shifting the focus to interests, though, you can work toward finding creative ways to solve the issues being confronted. This will help you find common ground and secure resolution quicker.
- Find ways to achieve a mutually beneficial outcome: The other side is much more likely to agree to resolution if they feel like they’re getting something out of it. And just because there’s a conflict with one side accusing the other of being in the wrong doesn’t mean that you can’t find an outcome that advantageous to everyone involved. Look for way to give the other side a win in exchange for securing something that is beneficial to you, too.
- Try to avoid subjectivity: A lot of dispute negotiations fail because the parties apply subjective standards to the problems at hand. You’re much more likely to find common understanding and favorable resolution if you can identify subjective standards to utilize. This could be the specific terms of the contract at issue, applicable industry standards or concrete calculations of damages.
- Build rapport: If you’re aiming for resolution without full-blown litigation, then you’re better off building rapport with the other side so that they understand that you’re trying to help them find an acceptable compromise that works for each side. This can go a long way toward spurring negotiations and securing concessions that advance the purpose of settlement discussions.
Develop an effective construction dispute negotiation strategy that works for you
There’s a lot at stake when you’re embroiled in a construction dispute. Fortunately, you don’t have to improvise your way through the issue. Instead, you can develop a dispute resolution strategy that positions you for the successful outcome that you want. But if you’re facing a lot of contention and the stakes are high, then now is the time to start working on that strategy. If you wait too long, you might find yourself at a disadvantage that’s difficult to dig out from under. So, if you’re ready to develop a winning strategy, then now is the time to get to work.