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Seeking That Sensible Solution: Negotiation

Document Cited in Related
Vincent
AuthorWayne Clark
Pages89-94
89
CHAP TER 6
Seeking That Sensible
Solution: Negotiation
e most economical and the most satisfactory way of resolving
dierences, of reaching sensible solutions, is by negotiation.
As quoted above, the most satisfactory way to resolve dierences
– and in particula r contractor’s claims – is through negotiation.
My focus in this chapter is on exam ining negotiation techniques:
techniques that can help parties nd that sensible solution.
AFTER THE CLAIM: NEGOTIATION
If the contractor’s (my client’s) claim is well prepared, easy to
understand, based on facts a nd supported by the evidence, then the
chances of reaching a fa ir and sensible settlement with the employer
will be reasonably high. Having said that, there will be occasions
when settlement is not reached. In my own experience, one of the
main reasons for agreement not being achieved through negotiation
has been the approach and, at times, the att itude of the individuals
representing one or other party during the negotiations.
On one particular project in the Middle Ea st, for which my team
prepared an extension of time and delay cost clai m for our client,
the claim was prepared ex actly as I have described in this book.
First we undertook a thorough investigation; then we developed
a claim that was good enough to persuade a tribunal; and, most

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