Free Custom «Subcontractor» Essay Paper

Disputes arise between the parties that are involved in the contract due to differences in the interests of the parties. It is advisable, therefore, for the parties to avoid these disputes through working to a common interest to reduce the escalating of the dispute. Negotiation can be employed to require the conflicting parties to resolve the issue and reach a common agreement. The process may include the completion, collaboration and compromising of the need to leave or withstand the process of construction. Negotiation puts a clear objective to achieve maximum results. The negotiation procedure requires that the parties in dispute to be interest to focus on the needs that will be satisfied for a consensus to be reached.

Dispute resolution procedure with client or a subcontractor is carried out in manner that will enhance to reach to a common interest. Dispute arises between the client and the builder and it is thus important to resolve the dispute to avoid delay of the contract. Negotiation is the aspect that is employed to help in the process of dispute. The two parties need to apply strategies which will solve the problem effectively toward the achievement of common goal. The strategy which needs to be concentrated on includes: the win-win, win-lose and lose-lose strategies. The outcomes of the negotiation are prompted by factors of collaboration which leads to win-win strategy where the tow parties win, completion and accommodation which leads to win-lose and withdrawal which leads to lose- lose strategy where one of the party has to win while the other loses. The process of negotiation requires to identify the issue that results to dispute while reviewing all the documents involved providing the subject for negotiation that will be negotiated to reach a consensus, which could define any necessary limits to the agreement. The agenda for the negotiation needs to be consulted to both sides so as to retain an initiative. The issues which need to be negotiated are isolated accurately, as they are to be discussed in search of a resolution to the dispute, and the ultimate results and action if the negotiation does not reach a consensus. A strategy of negotiation needs to be developed, as this will ensure which resolution to apply to the process. The discussion needs to start with simple cases and when resolved, the complex issue is discussed. The discussion requires the parties to trade by offering solutions and the will to change to a flexible approach which leads to resolution of the dispute which had arisen between the parties. The issues resolved need to put in minute as the discussion ends with a consensus(Basics Business Training, 2011).