Contract Negotiations Research Articles

A Transition to Practice Curriculum for Anesthesiology Fellows.

Graduate medical education trainees must be well-versed in practice management principles and how the application of this knowledge affects their patient care. The lack of exposure of anesthesiology trainees to practice management topics remains an ongoing concern nationally. Given similar feedback regarding education on practice management and financial literacy topics across all of our department's fellowship specialties, a novel pilot curriculum comprising a virtual lecture and workshop series was delivered to anesthesiology fellows throughout the academic years 2020 to 2023. Lecture topics included (1) personal finance and contract negotiation, (2) interview preparation and well-being, (3) conflict management, and (4) diversity and inclusion lectures.

Managing the Expectations of Doctoral Students and Their Supervisors: A UK Perspective

The management of expectations in doctoral education relates to the negotiation and agreement of a learning contract denoting actions and initiatives between a student and a supervisor. A learning contract is a set of understandings of what things, actions and initiatives might reasonably be expected from whom, in the course of learning, where there is a natural power imbalance. This is important so that both scholarly and material progress can be made along all points of the doctoral learning experience, i.e., that learning is personalised, professional and productive towards an original contribution of knowledge. It is the evidencing of this continual learning process through research that is deemed to be doctoral at the final examination stage. A doctoral student is a learner on the highest degree pathway that is available at all UK universities. This typically results in a thesis, marking the end point of being supervised whereupon an assessment or examination takes place, which, in UK universities, is called a viva voce (Latin: the living voice). This is a verbal account or defence of the thesis document by the student, made to two or three examiners who comprise the examination team. In the UK, the viva examination is a private event, while elsewhere, for example, across Europe and North America, the examination can be a public event. A student on a doctoral programme usually has a period of registration that is 3 years full-time or 6 years part-time. Other terms that can be used interchangeably around doctoral supervision are candidate (for the student) and candidature, which is their period of registration. Supervisors also have roles denoted as the Director of Studies (DoS) or Principal Investigator (PI). The supervision team is led by a Director of Studies (or PI) who is often the most experienced scholar who teaches, guides and mentors their student’s learning through the research they conduct. There are usually at least two supervisors in a supervision team in the UK, but there can be more as required depending upon the specialisms and topics being researched. Expectations formed by either the student or the supervisor(s) can be about physical resources to embark upon a passage of learning through a doctoral programme, or more typically, the discussion of expectations relates to managing the behaviours of students and supervisors in their respective roles. Managed expectations help to achieve a balance between the intellectual sharing of expertise by the supervisor with the self-directed initiatives for learning, which are taken by the student. The aim of managing expectations is to help a student move from dependence in their learning at the start of their programme to becoming an independent doctoral-level scholar who, once graduated as doctor, can act autonomously to conduct their own research, or even embark upon supervising others’ research in the future.

Overwhelmed by routine tasks: A multitasking principal agent perspective

Employees often report being overloaded with routine tasks, which distracts them from more demanding and rewarding work. We analyze this in a multitasking model involving a verifiable routine task and a skill-dependent task characterized by moral hazard. Multitasking is costly so that high- and low-skilled employees specialize, and only employees with intermediate productivity handle both tasks. In the Nash bargaining solution of contract negotiations, work overload in the routine task is used to lower the informational rent from the non-verifiable task. Compared to the first-best solution, more employees perform both tasks and effort in the routine task is inefficiently large. Moreover, the payment structure is such that the employee would prefer to allocate more effort to the demanding task, which we interpret as a loss of control over work autonomy. Reducing employees' bargaining power exacerbates the problem, while the effects of improved monitoring are mixed.

Effect of Procurement Practices and Performance of Non-governmental Organizations in Rwanda a Case of SOS (Save Our Souls) Children’s Villages

The general objective of this study was to assess the effect of procurement practices on the performance of NGOs in Rwanda, a case study of SOS Children’s Villages. The study was guided by the following specific objectives: To examine effect of procurement planning and performance of SOS Children’s Villages, Rwanda, to assess the effect of vendor selection and performance of SOS Children’s Villages, Rwanda, to assess the effect of procurement negotiations and performance of SOS Children’s Villages, Rwanda, to examine the effect of procurement contract control and performance of SOS Children’s Villages, Rwanda. The results of this study provided information to the non-governmental organization how procurement practices optimize their performance since effective procurement practices is tremendous practices making organization to achieve on objective. The results of this research are beneficial to the managers of the procurement department in the Non-governmental organization as this study provided insight on how procurement practices contribute to the institution’s performance. This study applied descriptive design to get results related to the study, the target population as well sample size was 64 respondents. Researcher utilized census as sampling technique. The source of data was primary and secondary methods. Questionnaires were adopted to collect primary data and documentary review applied for collecting secondary data. The data was obtained using descriptive statistical analysis with use of frequency, percentage, mean and standard deviation, and inferential statistics by the use of Pearson correlation (r) and multiple linear regression analysis. The presentation of results was presented using tables, the pilot test was determined to ensure the validity and reliability of instrument used in data collection. After data collection the following results were observed, basing on the Pearson correlation, procurement planning influences performance of Save Our Souls children’s villages r= 0.835 while vendor selection influence performance of Save Our Souls children’ villages at correlation coefficient of .812. On the other hand, procurement negotiations influences performance of SOS Children’s Villages in Rwanda at r=0.764 and procurement contract control effects performance of Save Our Souls children’s village at .79, the study concluded that all variables considered by researcher including procurement planning, vendor selection, procurement negotiation and procurement contract controls contribute to the performance of Save Our Souls children’s villages in different corners. The study recommended that that effective control of supplied product is needed to ensure the suppliers are supplied the quality product as planned by management. The future researchers are recommended to make research about the contribution of effective procurement practices on financial performance of organization in Rwanda using government institutions.

Understanding the Inverted U-Shaped Relationship Between Contractual Complexity and Negotiation Efficiency: An Institutional Perspective

Construction project transactions are characterized by long-term duration and a high level of task uncertainty. Improving negotiation efficiency is of great significance for the handling of task conflicts and completing projects on time. The project contract represents the legal basis for conflict negotiation between the buyer (owner) and the seller (contractor). However, a dispute still exists over the relationship between contractual complexity and negotiation efficiency. To settle this dispute, we draw on institutional theory to establish a research model and use a dataset collected from 327 construction project transactions in China to empirically test it. The results show that the relationship between contractual complexity and negotiation efficiency is inverted U-shaped. The increase in legal enforceability steepens this curvilinear relationship and moves its vertex to the lower right, meaning that the maximum negotiation efficiency is lower in an institutional environment with higher legal enforceability, despite the effect of the contract being more obvious and contractual complexity being more likely to promote negotiation efficiency in a wider range. This article can offer practical guidance for construction project managers to design contracts according to the institutional environment where the transaction is embedded in a manner that promotes negotiation efficiency.

Contracting under asymmetric information and externalities: an experimental study

We investigate contract negotiations in the presence of externalities and asymmetric information in a controlled laboratory experiment. In our setup, it is commonly known that it is always ex post efficient for player A to implement a project that has a positive external effect on player B. However, player A has private information about whether or not it is in player A’s self-interest to implement the project even when no agreement with player B is reached. Theoretically, an ex post efficient agreement can always be reached if the externality is large, whereas this is not the case if the externality is small. We vary the size of the externality and the bargaining process. The experimental results are broadly in line with the theoretical predictions. However, even when the externality is large, the players fail to achieve ex post efficiency in a substantial fraction of the observations. This finding holds in ultimatum-game bargaining as well as in unstructured bargaining with free-form communication.

A systematic review on the Roles and Responsibilities of Sport Manager’s Professional Competency

Management is one of the most important human activities and has a critical impact on the life, growth, development, or destruction of organizations. The skills necessary for management vary at different levels, and their distinction necessitates the identification of roles and responsibilities that managers use to play. Even skills vary according to the level of management. This systematic review aims to synthesize the roles, responsibilities, and skills of sport managers. This is an attempt to use PRISMA meta-synthesis. By using keywords like "sport managers," "managers' role and responsibility," "manager competency," and "manager efficacy," 96 articles were duplicated from Elsevier, PERMED, and Google Scholar databases. Six articles that fit the inclusion criteria were incorporated into this paper. A holistic perspective on competency-based measurement drawn from organizational theory and role theory was used as a discussion point. Although the sports industry has distinct characteristics, the roles of sports managers are to create and organize schedules, promote clients through various forms of media, endorsement deals, negotiate contracts, maintain positive public relations, ensure compliance with rules and policies, etc. To perform these tasks requires human, technical, and conceptual skills to plan, organize, lead, and control the activities. Finally, the reviewers recommended that the managers acquire and know the management skills necessary for the success of their club.

Getting to Yes: Contract Negotiation Essentials for Women Child and Adolescent Psychiatrists at All Career Stages Through the Lens of Intersectionality and Structural Bias

Getting to Yes: Contract Negotiation Essentials for Women Child and Adolescent Psychiatrists at All Career Stages Through the Lens of Intersectionality and Structural Bias

The Legal Nature of Pre-Contract Negotiations

Objectives: One of the objectives that prompted us to search for (the legal nature of the negotiations leading to the contract) is to adapt these negotiations so that the legal provisions that apply to them are identified, in addition to knowing the legal nature of the responsibility that arises on the negotiating parties as a result of their breach of the obligations and principles on which the negotiations are based to provide legal protection for the negotiating parties as a result of this breach.
 
 Theoretical Framework: The negotiations leading up to the agreement shall be based on the basic principles of good faith, confidentiality, and freedom of contract. The civil liability of negotiators oscillates between tort and contractual. The mutual obligations between the parties to the negotiation are fixed and unified.
 
 Method: We followed the descriptive approach in explaining the concept of negotiations leading to the contract, as well as understanding the different phenomena and relationships between the parties to the negotiating relationship leading to the agreement, and the comparative approach was used by comparing the research between Iraqi, French and Egyptian law.
 
 Results: The negotiations leading up to the contract are considered a set of preliminary procedures carried out by the negotiating parties that precede the conclusion of the contract in a final manner. Negotiations leading to the agreement are characterized by several characteristics, being a prelude to the contract and voluntary negotiations so that one party does not have authority or restrictions on the other.
 
 Originality/ Value: The present research pertains to the legal character of the talks conducted by the parties involved prior to the finalization of the contract. This pertains to the process of engaging in talks that culminate in the establishment of a consensus about fundamental values such as good faith, confidentiality, and freedom of contract.

Shape-Constrained Regression Using Sum of Squares Polynomials

Shape-Constrained Regression Using Algebraic Techniques How can one fit a multivariate polynomial to data points in such a way that this polynomial is guaranteed to have certain shape constraints, such as convexity or monotonicity in some of its variables? In “Shape-constrained regression using sum-of-squares polynomials,” M. Curmei and G. Hall propose a hierarchy of semidefinite programs to address this problem. They show that polynomial functions that are optimal to any fixed level of our hierarchy form a consistent estimator of the underlying shape-constrained function, which generates the data points. As a by-product of the proof, they establish that sum-of-squares-convex polynomials are dense in the set of polynomials that are convex over an arbitrary box. They further demonstrate the performance of the regressor for the problem of computing optimal transport maps in a color transfer task and that of estimating the optimal value function of a conic program. A real-time application of the latter problem to inventory management contract negotiation is presented.

Let's make a deal: Trainee and early graduate gynecologic oncologists are uncomfortable with productivity negotiations and contract negotiation (056)

Let's make a deal: Trainee and early graduate gynecologic oncologists are uncomfortable with productivity negotiations and contract negotiation (056)

Do Governments Hide Resources from Unions? The Influence of Public Sector Unions on Reported Discretionary Fund Balance Ratios

ABSTRACTWe explore whether municipalities with public sector unions exploit aspects of governmental (or “fund”) accounting to obscure the availability of discretionary resources in fund balance accounts, relative to municipalities without public sector unions. We first investigate whether governments with unions report higher proportions of discretionary resources outside of the general fund, a primary measure of financial health, and instead within less prominent fund types. Second, we explore whether governments with unions report lower ratios within accessible general fund balance account categories – that is, report lower proportions of unreserved fund balance. Primary findings are consistent with both hypotheses. Although somewhat mixed, cross‐sectional analyses reveal that effects are magnified when unions have more bargaining power, as proxied by the ability to strike or the absence of state right‐to‐work laws. Further analysis corroborates cross‐sectional findings by examining difference‐in‐differences specifications surrounding the quasi‐exogenous shock of Wisconsin's 2011 weakening of state public sector union laws and Ohio's time‐varying union contract negotiations. Overall, the evidence suggests that governments with unions shelter resources to avoid the appearance of large discretionary amounts available.

Unfair trading practices and countervailing power

This paper investigates whether countervailing power of collective initiatives (cooperatives, producer organizations, associations) can mitigate unfair trading practices in agricultural markets. The study hypothesis is that collective initiatives exerting countervailing power can attenuate the imbalance in the distribution of bargaining power that is considered one of the main causes of unfair trading practices. Our findings suggest that in a multidimensional bargaining setting where all contract terms are negotiated at once, there is no theoretical expectation that exerting countervailing power necessarily results in a mitigation of unfair trading practices. To investigate the topic empirically, we used a data set measuring fairness perception of a sample of Italian kiwifruit producers. The data support the hypothesis that membership in collective initiatives increases the probability that a farmer perceives a transaction as fair. However, countervailing power does not counter all unfair practices in the same way. While patrons of collective initiatives perceive benefits in price and quality determination practices, no such effect was found for contract renegotiation. The analysis compares two policy approaches: supporting countervailing power and banning specific practices (such as EU Directive 633/2019). We conclude that countervailing power is less effective in targeting specific unfair practices, but it is less likely to determine efficiency loss because it does not impose constraints on contractual negotiations.

Mitigating Claims and Disputes for Public–Private–Partnership Transportation Projects in the United States

As the construction industry continues to lead the economic growth of many countries, alternative contracting methods have been increasing as a valuable tool to implement on projects. The public–private–partnership (P3) delivery method is becoming an increasingly popular delivery method for megaprojects due to its many advantages, such as private entity financing and the transfer of design, construction operations, and maintenance risks to a concessionaire. As more P3 transportation projects are being executed in the United States, researchers are considering how effectively contracts have been negotiated and drafted between owners and contractors to account for project risks and, consequently, reduce claims and disputes. The objective of this study was to (1) investigate how P3 transportation projects’ contracts are drafted to allocate risks, (2) identify the leading causes of claims and disputes on such projects, and (3) provide recommendations on how risks can be managed and allocated during the contract negotiation phase to reduce claims and disputes. To achieve these objectives, 10 case studies were conducted on 10 P3 transportation projects nationwide with a total cost of $11 billion. The case studies included both content analysis of bid and contract documents and follow-up interviews with project team members to identify risks that caused claims on the projects. The results showed that right of way (ROW) availability, utility relocations, staffing, governmental approvals, and differing site conditions were the leading causes of claims and disputes on the P3 transportation projects included in this case analysis. The results and recommendations can be used to mitigate the negative impact of such risks on future P3 transportation projects.

Governing Distant-Water Fishing within the Blue Economy in Madagascar: Policy Frameworks, Challenges and Pathways

Madagascar’s vast oceanic space hosts distant-water fishing (DWF) fleets from Taiwan, Japan, South Korea, Spain, France and others since the 1960s, making DWF a substantial component of the blue economy. Considering this extensive experience of managing DWF activities for more than 60 years, this paper explores the existing policy frameworks and challenges regarding managing DWF. The results show while it is well equipped legally, the country is struggling to implement its national policies and laws while continuing to adopt new management frameworks. This is due to a limited coherence on long-term policy making and policy implementation, resulting in a mismatch between the two, and a paradoxical vision that promotes DWF without the means to monitor fishing activities and their impacts. The existing institutional settings and governance frameworks make change possible in Madagascar’s approach to DWF. To improve the management of DWF, this paper outlines four pathways. These include (i) a greater attention on the implementation, harmonisation and evaluation of existing policies and projects; (ii) continuing efforts on transparency for DWF operations and contract negotiations; (iii) realigning aspirations and policies with local needs; and (iv) taking better advantage of measures adopted at the regional Indian Ocean level to improve national management of DWF. An efficient implementation of an improved policy and legal framework could contribute to strengthening the governance of DWF activities toward sustaining national benefits while preserving coastal livelihoods.

Landing Your First Job: Contract Negotiations and Other Considerations

Landing Your First Job: Contract Negotiations and Other Considerations

Strategic Procurement Practices and Procurement Performance: A Practical Investigation of the Commercial Banks in Quetta

The study examines the key procurement strategies employed by banks, such as supplier evaluations, contract negotiations, and supplier performance metrics. The research also analyzes the impact of technology on procurement processes and how banks can collaborate with suppliers to improve performance and reduce costs. The study aims to provide insights into best practices for strategic procurement in commercial banks, including cost savings, increased supplier performance, and improved quality of goods and services. The findings of this research can help banks enhance their procurement processes, which can ultimately lead to increased profitability and customer satisfaction. Therefore, this study has been conducted to describe the vital role of procurement in the commercial banks of Quetta, Balochistan. This study involves procurement practices to know their best role in performing the various functions of the banks which includes the procurement process, establishment of the procurement plan, strategic procurement practices, supplier chain management, and procurement performance. The study was quantitative in nature. Non probability method in which convenience sampling technique was used to collect data via questionnaire from the commercial banks operating in Quetta. Furthermore, SMART PLS 4. Was used to analyses the data. The result of the study has proved that significant positive effect of relationships between strategic procurement and procurement performance. Furthermore, challenges related to procurement mediate the relationship between both constructs.

Round offer prices in M&A transactions: costly negotiation and psychological preference

PurposeThe authors of this study aim to investigate possible explanations of the prevalence of price clustering in the final offer prices of mergers and acquisitions (M&A).Design/methodology/approachThe authors use final offer price in M&A deals to investigate the price clustering phenomena. The authors used regressions and logistic regressions to examine potential factors that might affect pricing strategy by looking into one-time acquirers and experienced serial acquirers.FindingsPrice clustering increases with negotiation uncertainties characterized as competitive bidding, number of bidders, challenged deals and duration. Moreover, the authors find persistent price clustering in experienced serial acquirers that are more experienced and better equipped with handling uncertainties, suggesting a preference of using round numbers regardless of levels of uncertainties. The authors' evidence shows that price clustering results from a combination of Harris' (1991) costly negotiation hypothesis where round prices may be used to lower search costs and psychological bias and preference.Originality/valueThe authors appear to be the first to investigate alternative theories that support M&A offer price clustering behavior, finding that both the costly negotiation and psychological bias and preference theories apply to M&A final price formation. Thus, the authors' major contribution, specific to the M&A process, is a clarification of physical and psychological factors associated with bidding and negotiation behavior. The authors are confident that the authors' study impacts conventional knowledge regarding M&A deal negotiation strategies, including bidding behavior, contract negotiation, financial analysis, management practices and risk management.

Adding value through enterprise building information models in health-care services

Purpose The main aim of this paper is to describe the potential benefits of enterprise building information models (EBIMs) for health-care institutions. The main research question addressed is how data from EBIM could be leveraged to create value for hospitals beyond design, construction and traditional facility management. Design/methodology/approach Three different prototypes, which use different technologies in combination with EBIM, are described to illustrate different uses of EBIM within the context of a hospital and health-care operations. The case study approach has been used to present the prototypes. Findings EBIM data, in combination with other data sources, increases the potential benefits of the data with respect to many health-care-related processes, during the operation of a health-care institution. The benefits of EBIM span beyond the design and construction life cycle phases of a hospital and provide value to a variety of stakeholders in multiple health-care-related processes. Research limitations/implications The main limitation of this work is the limited sources of data and information such as the specific methods that were used in the design and development of each of the prototypes and a deeper insight into the design rationale and decisions. Another limitation of this paper is that the findings have not been validated. Practical implications This study demonstrates the value of convergence of a number of technologies such as EBIM, data and different types of technologies, throughout the life cycle of a building. This study also highlights the value of building information models (BIMs) data for supporting the design of novel educational and other types of application areas. The practical implications include the value for multiple stakeholders, such as resources planning, fleet and equipment management and contract negotiation. Benefits identified for resource planning can have strategic and financial implications at the management level. For patients, visitors and health-care personnel, there may be reduced infections, cleaner and pleasant facilities as well as a reduction of time to find relevant resources. Social implications Social implications" could be replaced by "For patients, visitors and health-care personnel, there may be cleaner and pleasant facilities and easy navigation support through the hospital. Furthermore, enhanced access to knowledge and information about the artefact and assets in the hospital can enhance learning and knowledge sharing. Originality/value This study identifies the lack of research in using BIM with other data for value-added services for multiple stakeholders in the operations phase of a hospital and addresses that research gap.

Shaw in America (Bernard Shaw on the American Stage: A Chronicle of Premieres and Notable Revivals)

Shaw in America (Bernard Shaw on the American Stage: A Chronicle of Premieres and Notable Revivals)