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At least 19 recordsLinked to original sources
PubMed2004

Negotiating in the public interest: considerations for health negotiators acting on behalf of government (NABG).

It is asserted that what distinguishes government negotiations from those conducted within solely the private sector is the role played by the public interest in the former. This is a subject area that has not received a great deal of academic attention. Direct interviews with government negotiators in the health field are used to explore the nature and expression of the public interest in public policy negotiations. The information drawn from the interviews is then set against a review of the literature on the public interest and government negotiations. Many of the negotiators interviewed differed as to what constituted the public interest. On the basis of the interviews conducted, it appears that the public interest acts to restrain the government from applying its power during negotiations regardless of the level of awareness the negotiators have of this phenomenon. The research conducted suggests that government negotiators, without explicit direction but with a deep understanding of the culture within the government, work with both the public and private interests of the government when they conduct a negotiation.

Conflict, Psychological↗
PubMed1998

Negotiator Risk: Sources of Uncertainty and the Impact of Reference Points on Negotiated Agreements.

The settlement of a complex business negotiation inevitably requires the parties to assume substantial risks. Bargaining experiments, including those studying framing effects, have not. Two experiments examined the impact of reference points on negotiator tactics, concessions, and settlements in games with nondeterministic payoffs. In these experiments, subjects negotiated over chances to win a prize rather than directly over shares of the prize. In a reversal of the conventional findings with deterministic games, loss frame negotiators were more cooperative and more likely to settle. In the second experiment, subjects negotiated simultaneously over three linked lotteries, providing an opportunity to create value through risk spreading. In another reversal from deterministic games, loss frame negotiators created more integrative agreements. The impact of framing is clearly not uniform across all types of negotiations. It depends on the source of uncertainty confronting the parties. These experiments further establish and clarify the importance of variable risk preferences in understanding the negotiator framing effect. They also modify the conventional prescriptions given to negotiators and mediators regarding how to frame outcomes. Copyright 1998 Academic Press.

Journal Article↗
PubMed1997

Sexual negotiation in the AIDS era: negotiated safety revisited.

OBJECTIVE: To test the safety of the 'negotiated safety' strategy-the strategy of dispensing with condoms within HIV-seronegative concordant regular sexual relationships under certain conditions. METHOD: Data from recently recruited cohort of homosexually active men (Sydney Men and Sexual Health cohort, n = 1037) are used to revisit negotiated safety. The men were surveyed using a structured questionnaire and questions addressing their sexual relationships and practice their own and their regular partner's serostatus, agreements entered into by the men concerning sexual practice within and outside their regular relationship, and contextual and demographic variables. RESULTS: The findings indicate that a significant number of men used negotiated safety as an HIV prevention strategy. In the 6 months prior to interview, of the 181 men in seroconcordant HIV-negative regular relationships, 62% had engaged in unprotected anal intercourse within their relationship, and 91% (165 men) had not engaged in unprotected anal intercourse outside their relationship. Of these 165 men, 82% had negotiated agreements about sex outside their relationship. The safety of negotiation was dependent not only on seroconcordance but also on the presence of an agreement; 82% of the men who had not engaged in unprotected anal intercourse outside their regular relationship had entered into an agreement with their partner, whereas only 56% of those who had engaged in unprotected anal intercourse had an agreement. The safety of negotiation was also related to the nature of the safety agreement reached between the men and on the acceptability of condoms. Agreements between HIV-negative seroconcordant regular partners prohibiting anal intercourse with casual partners or any form of sex with a casual partner were typically complied with, and men who had such negotiated agreements were at low risk of HIV infection. CONCLUSIONS: The adoption of the strategy of negotiated safety among men in HIV-seronegative regular relationships may help such men sustain the safety of their sexual practice.

Adolescent↗
PubMed2005

Negotiators' bargaining histories and their effects on future negotiation performance.

In 2 studies the authors show that the quality of deals negotiators reach are significantly influenced by their previous bargaining experiences. As predicted, negotiators who reached an impasse on a prior negotiation were more likely either to impasse in their next negotiation or to reach deals of low joint value compared to those who had reached an initial agreement. Notably, the impact of past performance on subsequent deals was just as strong for negotiators who changed partners on the 2nd occasion. Results highlight the role of bargaining histories as significant predictors of negotiation behavior. Moreover, they suggest that, at least in some cases, negotiations should be conceptualized as interrelated exchanges rather than separable incidents.

Adult↗
PubMed1998

Desire to Bargain and Negotiation Success: Lessons About the Need to Negotiate from Six Hydropower Disputes.

/ We investigated the notion that successful negotiations require that all parties to the dispute must have a desire to bargain. This desire is most likely to be present when the dispute exhibits ripeness and each party believes a bargained solution is the most cost-effective way to resolve differences. Structured interviews of participants in six Federal Energy Regulatory Commission hydropower licensing consultations were conducted to determine the level of need to negotiate for each party. The findings indicate that a need to negotiate is a necessary, but not sufficient, condition for success. Several factors were associated with a need to negotiate: a weak BATNA (best alternative to a negotiated agreement); a salient issue; participants' sense of efficacy; a sense of inevitability; professional roles encouraging negotiation; and disputes about facts as opposed to disputes about values. Participants' need to negotiate fluctuated throughout the process and intensified when questions were ripe: i.e., critical issues were debated or the regulatory process required action.KEY WORDS: Alternative dispute resolution; Federal licenses; Federal Energy Regulatory Commission; Instream flow; Environmental planning

Journal Article↗
PubMed1999

Culture and Negotiator Cognition: Judgment Accuracy and Negotiation Processes in Individualistic and Collectivistic Cultures.

In this paper, we argue that judgment biases in negotiation are perpetuated by underlying cultural values and ideals, and therefore, certain judgment biases will be more prevalent in certain cultural contexts. Based on theory in cultural psychology (Markus & Kitayama, 1991; Triandis, 1989), we considered the notion that fixed pie error, a judgment bias in which negotiators fail to accurately understand their counterparts' interests (Pruitt & Lewis, 1975; Thompson & Hastie, 1990), would be more prevalent at the end of negotiations in the United States, an individualistic culture, than Greece, a collectivistic culture. The results of a 2-week computer-mediated intercultural negotiation experiment, which took place between American students in Illinois and Greek students in Athens, supported this view. Theoretical implications of culture and cognition in negotiation are also discussed. Copyright 1999 Academic Press.

Journal Article↗
PubMed1998

Medicare program; coverage and administrative policies for clinical diagnostic laboratory tests; intent to form Negotiated Rulemaking Committee--HCFA. Notice of intent to form Negotiated Rulemaking Committee and notice of meetings.

The Balanced Budget Act of 1997 requires the Secretary to establish a Negotiated Rulemaking Committee under the Negotiated Rulemaking Act and the Federal Advisory Committee Act. The Negotiated Rulemaking Committee's (the Committee) purpose will be to negotiate national coverage and administrative policies for clinical diagnostic laboratory tests under Part B of the Medicare program as required by the Balanced Budget Act of 1997 (BBA). The Committee will consist of representatives of interested parties that are likely to be significantly affected by the proposed rule. The Committee will be assisted by a neutral facilitator. The BBA outlines the scope of issues to be negotiated by the Committee. We specifically request public comment as to whether we have identified the interests that will be affected by key issues listed below.

Centers for Medicare and Medicaid Services, U.S.↗
PubMed2006

What do people value when they negotiate? Mapping the domain of subjective value in negotiation.

Four studies support the development and validation of a framework for understanding the range of social psychological outcomes valued subjectively as consequences of negotiations. Study 1 inductively elicited and coded elements of subjective value among students, community members, and practitioners, revealing 20 categories that theorists in Study 2 sorted into 4 underlying subconstructs: Feelings About the Instrumental Outcome, Feelings About the Self, Feelings About the Negotiation Process, and Feelings About the Relationship. Study 3 proposed a new Subjective Value Inventory (SVI) and confirmed its 4-factor structure. Study 4 presents convergent, discriminant, and predictive validity data for the SVI. Indeed, subjective value was a better predictor than economic outcomes of future negotiation decisions. Results suggest the SVI is a promising tool to systematize and encourage research on subjective outcomes of negotiation.

Adult↗
PubMed1997

Medicare program; solvency standards for provider-sponsored organizations; intent to form negotiated rulemaking committee--HCFA. Intent to form negotiated rulemaking committee and notice of meetings.

The Balanced Budget Act of 1997 requires the Secretary to establish a Negotiated Rulemaking Committee under the Federal Advisory Committee Act (FACA). The Committee's purpose will be to negotiate the solvency standards for provider-sponsored organizations under part C of the Medicare program. The Committee will consist of representatives of interests that are likely to be significantly affected by the solvency rule. The Committee will be assisted by a neutral facilitator. We request public comment on whether--We have identified the key solvency issues to be negotiated by the Committee; We have identified the interests that will be affected by key issues listed below; The party we are proposing to serve as the neutral facilitator is acceptable. Additionally, comments are sought on several key definitions related to the negotiated rulemaking and the forthcoming rulemaking for Medicare+Choice organizations.

Centers for Medicare and Medicaid Services, U.S.↗
PubMedDate not supplied

Successful negotiations. Develop your personal strategy for negotiating.

Successful managers are successful negotiators. This article addresses how to develop a negotiation strategy that fits an individual manager's personality and objectives. The authors provide 12 rules aimed at developing that personal strategy and also define the elements of power, skill, and timing, and their relevance to the negotiating process.

Administrative Personnel↗
PubMed2001

How negotiators get to yes: predicting the constellation of strategies used across cultures to negotiate conflict.

Individualism, hierarchy, polychronicity, and explicit-contracting values explain why managers from Germany, Japan, and the United States use a different mix of strategies to negotiate workplace conflict. Hypotheses extend prior research in showing that conflict behavior is multiply determined and that each culture uses a variety of interests, regulations, and power-based conflict management strategies. Results of actual (rather than survey-based) conflict resolution behavior suggest several fruitful avenues for future research, including examining the inferred meaning of negotiation arguments, analyzing interaction effects of cultural value dimensions, studying the effectiveness of different strategies across cultures, and examining whether strategic adjustments are made during intercultural conflict management.

Adult↗
PubMed1998

A theory of international bioethics: the negotiable and the non-negotiable.

The preceding article in this issue of the Kennedy Institute of Ethics Journal presents the argument that "moral fundamentalism," the position that international bioethics rests on "basic" or "fundamental" moral prinicples that are universally accepted in all eras and cultures, collapses under a variety of multicultural and postmodern critiques. The present article looks to the contractarian tradition of Hobbes and Locke -- as reinterpreted by David Gauthier, Robert Nozick, and John Rawls -- for an alternative justification for international bioethics. Drawing on the central themes of this tradition, it is argued that international bioethics can be rationally reconstructed as a negotiated moral order that respects culturally and individually defined areas of nonnegotiability. Further, the theory of a negotiated moral order is consistent with traditional ideals about human rights, is flexible enough to absorb the genuine insights of multiculturalism and postmodernism, and yet is strong enough to justify transcultural and transtemporal moral judgments, including the condemnation of the Nazi doctors at Nuremberg. This theory also is consistent with the history of the ethics of human subjects experimentation and offers insights into current controversies such as the controversy over changing the consent rule for experiments in emergency medicine and the controversy over exempting certain clinical trials of inexpensive treatments for preventing the perinatal transmission of AIDS from the ethical standards of the sponsoring country.

Bioethics↗
PubMed2000

Assessing sexual risk behaviour of young gay men in primary relationships: the incorporation of negotiated safety and negotiated safety compliance.

OBJECTIVES: To establish the actual rate of risky unprotected anal intercourse (UAI) among young gay men in steady relationships by correcting for negotiated safety (NS) and NS compliance. In addition, to examine whether the rate of UAI with steady partners, after correction for NS and NS compliance, is higher than the rate of UAI during sexual contacts with casual partners. METHODS: A total of 435 young gay men completed questionnaires regarding relationship status, HIV status, NS agreements, and sexual behaviour with steady and casual partners in the preceding 6 months. RESULTS: Twelve per cent of the participants in a relationship practised NS. The non-compliance rate with NS agreements reached 10%. The rate of UAI with steady partners stood at 54%. After correction for NS and NS compliance, the actual risky UAI rate with steady partners dropped to 39%. Chi square tests showed that even after correction for NS and NS compliance, the rates of UAI with steady partners remained significantly higher than the rates of UAI with casual partners. CONCLUSION: It is imperative to correct the rates of UAI with steady partners for NS and NS compliance in order to estimate accurately the rates of risky UAI. The higher rates of risky UAI found with steady partners, even after correcting for NS, support the assumption that steady relationships provide a context that facilitates sexual risk-taking behaviour. We should therefore specifically target primary relationships as a source of risk for HIV transmission, and take into consideration non-compliance with NS agreements.

HIV Infections↗
PubMedDate not supplied

The negotiation state of mind: specifics in negotiating managed care contracts.

Physicians are now finding that the contracts they signed so uncritically in the early years of managed care have left them a legacy of bad contracts, poor fee schedules, and dysfunctional relationships with payors. The negotiating process offers physicians an alternative strategy for effectively achieving their goals in their relationships with the payors. This article explores three specific scenarios--relationships with an economically failing health plan, disputes over coding and bundling of services, and fee discussions between payors and physicians--and illustrates strategies that practices can use to bring about outcomes that are favorable to physicians.

Attitude of Health Personnel↗