• Tidak ada hasil yang ditemukan

A few basic concepts in negotiation

72 MANAGING YOUR PRACTICE

NEGOTIATION: GETTING WHAT YOU NEED 73

• Listen for what you agree on, not just what you don't agree on.

• Contribute out-of-the-box thinking. Look beyond the given para- meters.

• Be patient. (Yes, it's hard, but delaying immediate gratification may yield a bigger and more desired agreement in the future.)

• Be aware of your own negotiation style and how to adapt it to the current negotiation. Without flexibility, you will be doomed.

• You do not always need to act quickly, but you must always act decisively.

• Use whatever negotiating techniques you have in your arsenal as long as they do not compromise your values or professional ethics.

In contrast, the following are some actions and behaviors you should never bring to the negotiating table:

• Do not get personal. Remember, this is not personal; it is busi- ness. Stick to the topic and speak only to the issues at hand.

• Do not make personal attacks on your counterpart's character, his- tory, or career (even if what you have to say is true).

• Do not ask for substantially more than you really want.

• Do not come to the negotiation unprepared and unaware of your bottom line. You must do your homework prior to getting to the negotiating table.

• Do not lose your temper, cry, or yell, unless you are in the big leagues and have woven this action into an artfully brilliant plan.

For the rest of us, these behaviors are absolutely forbidden.

• Do not shame or embarrass your counterpart. Again, just stick to the issues.

• Do not argue just for the sake of arguing. If it is not an essential point, drop it.

• Do not let them make you feel guilty. (If they are good, they will use this trick.)

• Do not believe they have your best interests at heart (they rarely do), but negotiate as if they did.

• Never agree to anything that you are not proud of or would not be willing to see on the front page of your local newspaper.

74 MANAGING YOUR PRACTICE

• Never say never as all things are relative. An unacceptable offer in one situation may be appropriate and acceptable in another context.

• Never compromise your values.

In addition to these skills, a really effective negotiator always uses plain common sense. Here are a few ideas worth mentioning no matter how obvious they are:

• Do not be afraid to ask for help.

• Find and use a mentor.

• Talk to someone who has already gone through a process similar to the one you are about to enter.

• Be patient with yourself and remember that for the vast majority of us, negotiating is a new skill.

• Delegate pieces of the negotiating process if appropriate.

• Do not feel you need to go alone. There is no rule that says you cannot bring someone with you.

• Know that there is a difference between the professional and busi- ness models. Know the model mindset of your negotiating coun- terpart.

• Negotiate on the issues, not on how they relate to a particular indi- vidual. He or she may be gone tomorrow.

• Understand the concept and importance of "saving face." Learn how to let your counterpart save face without compromising your integrity or values.

• Believe in what you are negotiating for.

Types of Negotiation: Negotiating in the For-profit Sector

The most important thing to remember about the for-profit sector is that its goal is to make money, and as the expression goes, "time is money."

Therefore, the negotiation process will likely be faster. This premise is pretty straightforward and understandable. If someone is not working, the company, clinic, office, and so on is not making money—period.

Another factor in private/for-profit business negotiation is that CEOs and/or owners are not legally required to disclose any financial infor-

NEGOTIATION: GETTING WHAT YOU NEED 75

mation about the company. For example, they do not need to disclose to you how much they are willing to spend for the pay and/or benefits you are seeking. They do not need to disclose the financial status of the busi- ness by opening their books for public inspection (except in very rare cases). They do not need to tell you how much money is at stake, or what other employees are earning or have recently negotiated for.

They will tell you what they are offering, or you will tell them what you are asking for, and this is where the negotiation process will begin.

One rule of thumb is discussed in many books on negotiation: It is bet- ter to let the other party put their cards on the table first, if possible.

Remember that the for-profit negotiation goal is to make money and get the best value for as few of their dollars as possible. Therefore, you must convince them that you are as valuable as the salary/benefits or working conditions you are seeking. To accomplish this, your personal negotiating skills must be very strong. You will be going it alone. In this situation, it is important to keep a few things in mind:

• Your demands are not visible to the public, so you will have lit- tle public support for your issues (if you are negotiating with a large union, that is a different matter that will be discussed later),

• Negotiations are behind closed doors and private. Personal nego- tiations go on everyday and you are no wiser unless you are the person involved.

As a word of warning, it should also be noted that there should never be any sense of permanent employment status as far as your for- profit employer goes. Be happy with what you have negotiated for, as disgruntled workers are not tolerated long by private employers. If you are not happy, it is best you look for another position. Also, in the pri- vate sector, do not openly discuss the outcomes of your negotiation set- tlement. Private negotiations are meant to be just that—private.

Examples of for-profit situations that the APN will encounter include, but are by no means limited to, the following:

• Private health care offices

• Private hospitals

76 MANAGING YOUR PRACTICE

• Private schools for academic or nursing services

• Private colleges and universities for academic or nursing services

• Independent consulting work

• Expert witness or case reviewer for legal matters

• Religious institutions

Types of Negotiation: Negotiating in the Public Sector

In contrast, if you are going to be negotiating with an employer who is in the public sector such as a governmental agency, state university sys- tem, government-run clinic, and so on, the approach will be substan- tially different. This is mainly because very little of the negotiation process is not public knowledge. Everyone knows what the issues are and just how much money is on the table for negotiation. It is part of the public record. The only thing to be negotiated is how and by whose interpretation the legislative intent is to be enacted. For good or for ill, this makes a negotiator in this situation very visible to the public because very little of his or her position and demands is not public. It is also part of the public record.

You must remember that when a governmental agency is involved, there is an implication that somehow the public good is being addressed. So the public ultimately has a right to know how and where their money has been spent. And, although those involved also do not have permanent status, because they are working in the field of public service, both administrators and employees have the freedom to be more outspoken. To this end, these employees are most often represented by a labor union of some type. And, for reasons not covered in this chap- ter, the process of negotiating settlements can take longer.

The following are some examples of public concerns that the APN might face:

• State, county, or local governmental agencies

• Federal government such as the Veterans Administration

• Public health clinics

• Public state or county colleges and universities

NEGOTIATION: GETTING WHAT YOU NEED 77

Working in unions: The private or public sector