Freelance Editorial Association News, Fall 1993 Volume 9, Number 1
Diane Benison
Midway through a presentation to more than seventy people, Joshua Jacks got to practice, up close and personal, the subject he teaches—dispute resolution. When one member of the audience stood and complained, politely but emphatically, that this presentation had “nothing to do” with its title, “Marketing Your Services in the Current Climate,” he was a picture of grace under pressure. He explained that ability and willingness to negotiate was part of successful marketing.
His workshop focused broadly on some of the psychological issues freelancers face in negotiating. He explained some of the theoretical constructs behind negotiating, and he gave specified, concrete techniques and suggestions for successful negotiating. Jacks also used a series of exercises to give participants a low-risk forum in which to practice some of the skills he described.
“Negotiating is a very intimate experience. You expose a lot of yourself. That can be frightening sometimes,” he said as the workshop began. Negotiations take place around the interests of the parties involved, and in an environment where each party has certain powers and rights, he explained. If you keep in mind that the other party is focused on its needs and concerns, you will better see the strengths of your own position. “Remember that there is a balance of power in a negotiation,” Jacks explained, and he urged freelancers not to fall into the trap of thinking that the person who does the hiring has all the power.
“Think of negotiating as an exercise in collaboration rather than competition, concession, or avoidance,” Jacks advised. “Envision it not as ‘more for me is less for you, or more for you is less for me’ but as a way of getting to ‘yes,’ where each party’s needs are met.” Believe that what you’re representing or asking for is fair, reasonable, and worth it.
One of the first steps necessary to meet each party’s needs is to understand your own “position.” Your position means a specific statement of action, of what you’re willing to do. “A position is a very narrow thing, and you want to gain an understanding of the underlying interests of a position,” Jacks pointed out.
For example, a client might have a tight deadline for part of a project, but the project’s final deadline may be more flexible. If a freelancer has asked enough questions to get that information and understands the client’s underlying need to meet the tight deadline, the freelancer has leverage and flexibility in negotiating. “The interests of the other party may not be apparent. We get trapped by the content of the position and fail to see the interests that underlie it,” Jacks explained.
Another psychological aid in negotiating is to understand your own BATNA, an acronym that means Best Alternative To a Negotiated Agreement. Jacks suggests trying to learn the other party’s BATNA, which provides an important clue about the client’s willingness to address the freelancer’s interests. In some cases, a freelancer’s BATNA may mean turning down a job for which the pay is too low or some other condition is unacceptable. In such circumstances, no agreement is better than reaching an agreement on the client’s terms. “You need to be able to project the image that you can walk away,” Jacks said.
“You can discover things about your interests by listening to the other party, and you might discover a position that will integrate the interests of both parties. Get on the same side of the table. Project the image that ‘I’m your ally. Let’s figure out a way we can accomplish this.’ Be assertive. Be courageous,” Jacks urged. Through listening, asking questions to uncover the other party’s needs and interests, and asserting your own needs and interests, you can discover solutions that meet everyone’s interests, he said.
Among the tools for successful negotiating, Jacks listed the following:
Despite his unflappability and enthusiasm, Jacks was no Pollyanna. He told workshop participants that some negotiating situations can be extremely difficult. If you find yourself in such a situation, recognize it. Don’t conclude that it represents a failure on your part. Among such external obstacles are people who simply won’t deal and any gross imbalance of supply and demand in a market. Internal obstacles include lack of perseverance, poor self-image as a negotiator, and lack of assertiveness. You may not be able to do anything about external obstacles, but you can do something about the internal ones. If you hone your negotiating skills and use effective techniques in negotiating, you will be more successful in marketing your services.
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