
•Students with Disabilities: An Advocate’s Guide
•What is Structured Negotiation & Tips from Lainey Feingold
All advocacy occurs in what might be described as negotiation possibility space. Each advocacy effort is an ongoing “conversation” with a target about the division of some resources.
These resources can be based on a rights schema but usually involve actual negotiation over other kinds of resources, including money, power, target control over infrastructure and decisions, and just about any other trait the target might have that impinges on the access by the person, family, or community being represented.
The target ordinarily views the negotiation as a contest over the division of resources-money, staff time, staff tasks and obligations, and so on. While targets have some commitment to the rights of the person, they view rights as negotiable precisely because rights involve the division of resources in a process of negotiation, not as inalienable rights of the person.
It is important for advocates to remember that the right to autonomy and free choice is not what is being negotiated. It is the resources that are necessary to make autonomy and free choice real. It is easy to forget this fundamental truth in a tense long negotiation over resources. Also, over time, it is easy to develop habits of thought and action that focus on the resources being negotiated and not the autonomy and freedom that is the only justification for the advocacy.
When people negotiate over resources, they will suffer some loss even if the negotiation is viewed as successful. This is the nature of negotiation between parties who each have some power. This is another reason why negotiation should not be viewed as the same as the right to autonomy and freedom.