How can you represent the patient's interests in a negotiation or mediation session?

1 Know your goals and priorities

Before entering a negotiation or mediation session, you should have a clear idea of what your client wants and needs, and what are their best and worst case scenarios. You should also identify your own interests and values as a patient advocate, and how they align or conflict with your client's. Knowing your goals and priorities will help you prepare your arguments, evaluate your options, and make informed decisions.

2 Build rapport and trust

One of the key factors for a successful negotiation or mediation is the quality of the relationship between the parties. You should try to establish rapport and trust with the other party, as well as the mediator if there is one. You can do this by using respectful and courteous language, listening actively and empathetically, acknowledging their perspectives and emotions, and finding common ground and shared interests.

3 Communicate effectively

Effective communication is essential for conveying your client's interests and understanding the other party's interests. You should use clear and concise language, avoid jargon and technical terms, and ask open-ended questions. You should also use assertive communication, which means expressing your client's views and needs confidently and respectfully, without being aggressive or passive. You should also avoid personal attacks, accusations, or threats, and focus on the issues and facts.

4 Collaborate and problem-solve

Negotiation and mediation are not about winning or losing, but about finding a mutually beneficial solution that meets the needs and interests of both parties. You should adopt a collaborative and problem-solving attitude, rather than a competitive or adversarial one. You should explore various options and alternatives, and evaluate them based on their pros and cons, and their impact on your client's interests. You should also be flexible and willing to compromise, but not at the expense of your client's rights or well-being.

5 Manage emotions and conflicts

Negotiation and mediation can be stressful and emotionally charged, especially when dealing with sensitive or complex issues related to health care. You should be aware of your own emotions and reactions, and manage them appropriately. You should also be sensitive to the other party's emotions and reactions, and try to defuse any conflicts or tensions that may arise. You can use techniques such as reframing, paraphrasing, summarizing, or validating to clarify misunderstandings, acknowledge feelings, and reduce hostility.

6 Follow up and document

After reaching an agreement or resolution, you should follow up and document the outcome of the negotiation or mediation session. You should confirm the details and terms of the agreement or resolution with the other party, and make sure they are clear and accurate. You should also document the process and the outcome in writing, and keep a copy for your records. You should also communicate the results to your client, and explain how they affect their situation and interests.

7 Here’s what else to consider

This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?