3.2.2 Negotiation Tips

Whenever you are negotiating as an advocate, try to keep these four outcomes of good negotiation in mind; you are trying to:

  1. Address the needs of the survivor;

  2. Come to agreement, if possible;

  3. Be efficient; and

  4. Improve, or at least not damage, relationships.

Remember to always communicate politely and respectfully to healthcare providers.

The following tips, discussed below, can be helpful for negotiating.

Focus on interests, not positions: Interests are the needs and goals that you would like to achieve on behalf of the survivor. Positions are the sides you take during a negotiation.

Be careful not to become emotionally involved with your position, and do not take other people’s positions personally. Focus, instead, on meeting the survivor’s needs together.

You can do this by:

  1. Opening the conversation by asking the other person to help you address the survivor’s needs;

  2. Looking for a solution that will help the survivor now, rather than focusing on past events;

  3. Addressing the problem (the survivor’s needs) and never verbally attacking the person with whom you are speaking;

  4. Identifying shared and conflicting interests;

  5. Acknowledging and discussing the different perspectives and interests; and

  6. Prioritizing interests, while always putting the survivor’s interests first.

Generate a variety of options: It’s useful to collaborate with the other person to generate multiple problem-solving options when negotiating, especially if these options make the different interests compatible or even complementary.

Try to avoid the following pit-falls:

  1. Deciding on an option too early,

  2. Forgetting that the survivor is the priority,

  3. Defining the problem in win-lose terms, or

  4. Deciding it is up to the other(s) to come up with a solution.

If things get difficult, define alternative approaches: Sometimes you will not be able to come to agreement even after a long discussion.

Even if your negotiation is not successful, you can still accomplish your goal and generate other options by:

  1. Defining other ways to achieve your goal and help the survivor;

  2. Deciding together if you have fully achieved your goal at the end of the negotiation;

  3. Pointing out the benefits of your approach and why your alternative is better for the survivor than the other options presented; and

  4. Taking a break and scheduling a follow-up, if necessary.

Insist on using objective criteria: Decide with the other party which criteria are legitimate and practical for the situation.

To do so:

  1. State your position on behalf of the survivor in an assertive and cooperative way, but try not to use an avoiding or forcing style.

  2. Decide together how both parties will assess whether the solution will work for the survivor.

  3. Check each other’s perceptions of the ‘fairness’ of the proposed solution.

  4. Find a point on which you both can agree.

Communicate effectively: Effective communication involves both talking and listening and is essential for an advocate to negotiate and collaborate effectively.

Try to:

  1. ·See things from the other perspective.

  2. Speak confidently.

  3. Present yourself as self-assured and professional.

  4. Avoid statements or words that may generate strong emotional reactions.

  5. Listen attentively and without a defensive posture.

  6. Clarify what is being said and paraphrase key points to ensure a common understanding.

Build strong relationships: Create understanding, trust and respect when you communicate with healthcare providers.

It can help to:

  1. Separate the person from the problem.

  2. Avoid letting negative feelings or opinions about the person you are negotiating with interfere.

  3. Remain open and respectful.

  4. Avoid viewing differences as reason to become defensive, differences can be positive.

  5. Recognize how the conflict is affecting the negotiation and try to find mutually agreeable points.

Define commitments: At the end of negotiations, define what everyone will do to reach resolution by discussing next steps.

Then close the discussion by:

  1. Making sure your commitments are realistic and clearly defined,

  2. Paraphrasing and summarizing the agreements,

  3. Making sure everyone leaves knowing who will do what, and

  4. Arranging for a way to confirm commitments.

As an advocate, you may face conflicts you need to manage through skilled negotiation.

Effective negotiation is the result of knowledge and practice.

Even when negotiations are tense and uncomfortable, they can be viewed as opportunities to develop skills that can be used to benefit the survivor.