Abstract:
Conflicts are very common in construction industry, mainly due to the different
objectives of the parties which are intended to be acquired through the project. The
parties to construction projects should take all reasonable efforts to resolve their
conflicts without letting those developing into disputes because unattended conflicts
possibly grow fast, spread and create unpalatable side-effects which are not easy to
handle. Out of many dispute avoidance mechanisms, early negotiation has identified
as an important reactive measure to be used due to many advantages inborn.
Purpose ofthis research was to improve the effectiveness of early negotiation practice
as a disputes avoidance mechanism in Sri Lankan construction industry. A literature
review and pilot survey were carried out to identify the factors influencing on
negotiation failures at conflict stage. The most significant factors causing failure in
early negotiation were identified via questionnaire survey and data analysis.
Recommendations to overcome such barriers were identified via interview survey and
contents analysis.
The findings of the study reveal that (a) unawareness in contract/legal terms and
interpretations, (b) poor skills in dealing with the people, handling negotiation
deadlocks and using negotiation tactics, (c) insufficient level of authority for party
representatives, and (d) attitude of contractor representatives that ;iwe can easily deal
with the Employer are the highly influencing failure factors of early negotiation.
It is concluded that “early negotiation as dispute avoidance mechanism’* hasto develop
in respect of all aspects such as awareness, skills, attitudes and practice. However most
important area to be concerned is concluded as “skills” of professionals who plays
major role in negotiation table.
