Inspiring Leadership in Immigrant Communities - ILRC

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Inspiring Leadership in Immigrant CommunitiesJanuary 2003person, only to find out that a person or even a different branch of the agency really has thedecision-making authority.2. If necessary, ask to speak with a supervisor.Example: Marta went to her son’s school to discuss why the school suspended her son forfighting, but the other child involved in the fight was not suspended. The vice principal says thathe did the right thing because it was Marta’s son who started the fight. Marta knows that this iswrong because a teacher told her that the other child started the fight. Marta tells the viceprincipal this, but the vice principal refuses to change his mind. Marta demands to see the viceprincipal’s supervisor, the principal of the school. Marta convinces the principal to interview theteacher who witnessed the fight and reconsider the decision.Example: The INS is detaining asylum applicants from the People’s Republic of Chinawithout bail until removal proceedings take place. A community group supporting theapplicants arranges a meeting with the district director of the INS to ask him to releasethe applicants. Before the meeting, the local member of Congress contacts the INS tovoice her disapproval of its detention policy.3. Leave a paper trail!It is critical to make a record of everything that happens before, during and after a negotiationsession. All negotiators should keep careful notes in a file of everything that happens during thenegotiations. This means you must summarize all phone calls and meetings in writing and keepcopies of all written correspondence—including e-mail—in a file. If you reach an agreementwith the other side, send them a letter thanking them for coming to an agreement and stating theagreement so they know that you are keeping a record.When you write letters, refer specifically to each of the previous times you have tried to resolvethe problem. This is much more impressive than saying, “I tried to call several times.” If manypeople are having the same problem, collect declarations from them and consider sending agroup letter or arranging a meeting with the agency with whom you are trying to negotiate to tryto resolve the problem.4. Always take the name of the person with whom you speak.It is very likely that you’ll need this in later negotiations.5. Be well prepared for meetings.Be prepared to prove your whole case from the beginning. Bring the following to any meeting:• an organized file with copies of all documents related to the issue• notes on the history of the issue, including the dates of important actions• notes on what you want to say during the negotiation• a notepad to take notes during the negotiation7-5
Inspiring Leadership in Immigrant CommunitiesJanuary 2003If the client is doing the negotiating, he or she may bring a friend to translate or providemoral support. The friend might not be allowed to participate in the actual meeting, butmight be allowed to attend.If possible, talk to others about the people with whom you are going to negotiate. Find out whoresponds to sympathetic stories and who responds to threats. Share stories of what works withdifferent people with whom you might negotiate.6. Know what you or the person you are assisting wants. Be prepared to compromise.Figure out what you or the person you are assisting wants from the negotiation. Make sure youknow all your options. Explore any other alternatives that might fulfill what you or the peopleyou are helping want. Understand what compromises your side might agree to and whatcompromises the other side might agree to.7. Organize with others.Governmental agencies, landlords, schools and others often pay more attention to a group thanan individual. Coalitions of agencies or of agencies and attorneys can get more benefits for thecommunity member than they can work alone. They can speak with one voice to the other side aswell as to the media, local government and congressional representatives. They can requestofficial meetings, where they can try to solve problems on a policy level instead of justindividual cases. You may form a coalition to deal with just one problem—such as abuses in INSraids—or to deal with problems on an ongoing basis. Many existing coalitions or other groupsare willing to advise people who are forming a group.Negotiation Strategies1. Be prepared to make a legal argument in case you have to. Bring legal authority andsupporting documents.Negotiating can include making a legal argument to the other side. You may need to bring alawyer or paralegal with you to the negotiation, or you may need a lawyer to explain the legalangle or even write a letter for you to present at the negotiation.2. Attack the problem, not the person on the other side. If necessary, accept a reasonablecompromise.Whenever possible, separate the problem you and your client are working on from the personwith whom you are negotiating. Some problems are not the individual worker’s fault. Moreover,you may need to negotiate with the same person another time. It is important to maintain as gooda relationship as possible. Be open to looking at the problem from the worker’s viewpoint andmaking a reasonable compromise.7-6
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Inspiring Leadership in Immigrant Communities - ILRC

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