Negotiation Process Research Articles

Ethical practice in participant-centred linguistic research

Abstract This article outlines ethical principles for ‘participant-centred linguistic research’ (PCLR), a term we coin to incorporate a range of linguistic research approaches that place importance on the involvement of participants. Linguistics, as a field, has strengthened its focus on participant-centred and socially situated research, recognising the value of better understanding our participants’ practices and linguistic knowledge. However, this also brings ethical challenges for our research practice. Drawing on three differing UK-based case studies from the authors’ own work, the article explores complex issues that can arise during PCLR and establishes four key principles that cut across our varied experiences. Firstly, we address participant consent and confidentiality, establishing the principles: 1. Informed consent and ethics protocols are dialogic processes and 2. Expectations around confidentiality and anonymity can shift during a project. Secondly, we address our research relationships with participants, our key principles being: 3. The researcher-participant relationship is complex and variable and 4. Close attention must be paid to power dynamics within the research setting. Ultimately, we argue that the human interactions and relationships involved in PCLR mean research may inevitably be somewhat unpredictable; researchers therefore need an understanding of the ethical parameters of their practice to navigate these complexities.

The Role of Lobying and Negotiation Process are Public Relation Consultant in Property Businesses

One form of communication to work together with other parties is lobbying and negotiation. This study aims to examine the negotiation and lobbying strategies carried out by negotiators. This study uses a qualitative approach using primary data in the form of interviews and secondary data such as journals, the internet and books. Data analysis uses Miles and Hubermen. The results of the study explain that the negotiation strategy carried out by approaching both parties by knowing the character of both parties conducting the negotiation. Lobbying and negotiation will provide benefits to both parties or a win-win solution. The technique used in negotiation is compromising by providing time and an agenda so that negotiation and lobbying are carried out mutually beneficially.

Contesting Caste: Institutionalized Oppression and Circumventive Legal Resistance

Abstract Across the globe, people who mobilize to protect their rights in highly oppressive contexts may have to navigate government institutions that not only fail to implement protections but also engage in discriminatory practices. This article introduces the term “circumventive legal resistance” to describe practices of making legally grounded claims but facilitating relief through processes of expression and negotiation that are distinct from explicit mechanisms of legal enforcement. Based upon a study of twenty-seven rural, semi-rural, and urban areas across the north and north-west regions of India, this article documents how Dalit women—from the most marginalized groups at the base of the caste pyramid—mobilize to protect their rights in contexts where local institutions do not enforce laws prohibiting caste discrimination and instead perpetrate caste-based forced labor practices. In particular, I focus on a campaign to end manual scavenging—a form of caste-based forced labor that is one of the worst surviving symbols of untouchability. With local channels to legal relief largely foreclosed, Dalit women who leave manual scavenging engage in circumventive legal resistance: they draw on law to make claims but win relief through avenues distinct from those envisioned within the parameters of the law.

Leveraging Uncertainty as a Means of Facilitating Sensemaking Within a Digital Wildfire Curriculum

AbstractThe changing landscape of geoscience learning has initiated growing interest in engaging science learners with climate data. One approach to teaching climate is the application of broadly accessible digital science curricula, which often include data tools such as visualizations, data representations, and simulations embedded within digital science curricula. We are specifically interested in how students and teachers grapple with scientific uncertainty in digital curricula. Our paper therefore examines how a 7th grade science class and their teacher leverage moments of uncertainty in their work within a digital geohazard curriculum to learn about wildfire risk and impact. We analyzed episodes of learners’ interactions, and those included scientific uncertainty related to key ideas about wildfires. We also attend to how the teacher orchestrates across class members’ ideas and the representations they were using. Our findings suggest that the digital curriculum elicited important sensemaking about wildfires and climate, including the interpretation of trends (Episode 1), working with simulations as a means of scientific investigation (Episode 2), and making meaning across disparate climate maps (Episode 3). Importantly, our analysis highlights the imperative work of the teacher in creating and leveraging productive sensemaking around the climate representations and simulations, yet outside of the predetermined curriculum. Our findings illustrate that maximizing students’ learning about climate in digital science curricula demands attention beyond teachers’ ad hoc adaptation, and rather, the intentional design of tools that support sensemaking about uncertainty as a dialogic process that is negotiated in response to students’ ideas.

Optimizing contract negotiations in clinical research: Legal strategies for safeguarding sponsors, vendors, and institutions in complex trial environments

This paper examines the complexities of clinical trial contract negotiations, focusing on legal strategies and technological innovations that safeguard the interests of sponsors, vendors, and institutions. In an increasingly globalized and digital research environment, contract negotiations are pivotal to ensuring compliance, protecting intellectual property, and mitigating legal risks. The study’s purpose was to explore key components of clinical trial contracts, address the challenges involved, and assess future trends, particularly in light of evolving regulatory frameworks and technological advancements. Through a comprehensive review of legal literature and emerging technologies, the study identified crucial aspects of contract negotiations, including risk allocation, indemnification, intellectual property rights, and data privacy. Special attention was given to the role of technology—such as AI, blockchain, and contract management platforms—in streamlining the negotiation process. These tools have proven effective in reducing errors, enhancing collaboration, and ensuring regulatory compliance. The main findings revealed that while traditional contract structures remain integral, the adoption of digital tools and a patient-centric approach are critical in addressing new challenges posed by decentralized trials and cross-border collaborations. The study concluded that stakeholders must embrace flexible contract frameworks, incorporate robust data protection measures, and leverage technology to optimize negotiations. Recommendations include the integration of advanced analytics for decision-making, the adoption of blockchain for contract security, and a heightened focus on patient rights in contract structures to ensure ethical conduct and compliance in clinical research.

Gately values of cooperative games

AbstractWe investigate Gately’s solution concept for cooperative games with transferable utilities. Gately’s conception introduced a bargaining solution that minimises the maximal quantified “propensity to disrupt” the negotiation process of the players over the allocation of the generated collective payoffs. We show that Gately’s solution concept is well-defined for a broad class of games and that it can be interpreted as a compromise solution. We also consider a generalisation based on a parameter-based quantification of the propensity to disrupt. We provide an axiomatic characterisation of the original Gately value as well as these generalised Gately values. Furthermore, we investigate the relationship of these Gately values with the Core and the Nucleolus and show that Gately’s solution is in the Core for all regular 3-player games, but is fundamentally different from the Nucleolus. We identify exact conditions under which these Gately values are Core imputations for arbitrary regular cooperative games. Finally, we investigate the relationship of the Gately value with the Shapley value.

Going Insane: Battered Muslim Women Reclaim a Positive Identity.

This study examines the process of identity negotiation of 15 Muslim women who resisted severe abuse by their husbands and extended family by becoming mentally ill and thereafter, divorcing. Content analysis of the interview narratives shows that these women were poor, married young, and endured years of battering, isolation, and silencing for the sake of family honor and children's well-being. Entrapped within a web of sociocultural norms legitimizing wife beating, and abusive extended family relationships that annihilate their voice by branding them as maj'nuna/insane, these women explained that they were terrorized helpless victims fearing the stigma of being labeled insane and the resultant harm to their children. With the deterioration of their health, threat of annihilation, and imminent danger to themselves and their children, these women broke through the normative oppressive framework by becoming maj'nuna/mentally ill. Detached from the extended family and no longer caring to endorse a label that discredited what they said or did, these women overtly resisted by escaping to the family of origin and/or mental health clinic to reveal the abuse, divorce, and seek treatment. Severing all family ties, and now residing in public housing, these women felt safe to renegotiate a favorable identity and reclaim the right to live with dignity. Implications/recommendations: (1) The criminalization of battering and prosecution of batterers is not enough to deter when cultural norms sanction battering, (2) additional diagnostic categories are needed to identify the precursors of battering within the strategies of overt and covert resistance battered women adopt in collectivistic cultures such as mental and neurophysiological dysfunctions, and (3) it is necessary to transcend the individualistic model titling battered women within the false dichotomy of victimization or agency as it fails to reflect battered women's experience in collectivistic cultures and their resistant strategies to abuse in the extended family.

Indigenous Experiences and Contributions to Western Scientific Knowledge Systems: An Ethnographic Exploration

Knowledge systems are embedded in sets of values, worldviews, and cosmologies that affect the whole process of knowledge production. Employing an ethnographic method that integrates participant observation, interviews, and focus groups, I explore the contributions, ideas, points of view, and metaphors that individuals of Indigenous origins introduce to the scientific method when they enter Western scientific knowledge systems. This ethnographic exploration focuses on a group of students with a variety of Indigenous backgrounds participating in a field course on introduction to Ecology. Native-born students contribute innovations to the knowledge production process by shaping research questions, methodologies, and result interpretations. These innovations stem from diverse worldviews and epistemologies, and while they could significantly impact scientific knowledge production, the students may not fully appreciate their own relevance. This work may serve as a testimony of the processes of reflection and negotiation with the scientific methods, practices, and values that native students undergo when participating in a Western scientific context.

Transcending Individual Traditions: Zhang Taiyan’s Interpretation of Zhuangzi’s Notion of Chengxin

This article examines the nuanced interpretations of chengxin 成心 in the Zhuangzi 莊子, a foundational Daoist text, across different philosophical traditions. Historically, Daoist thinkers like Guo Xiang 郭象 and Cheng Xuanying 成玄英, along with Neo-Confucian scholars such as Lü Huiqing 吕惠卿 and Lin Xiyi 林希逸, have provided differing perspectives on the notion of chengxin. They regard it as either a source of subjective bias or an expression of heavenly principle. The core focus of this study is Zhang Taiyan’s 章太炎 innovative interpretation of chengxin as seeds (bijas) within ālaya-vijñāna (storehouse consciousness), integrating Yogācāra Buddhist concepts with traditional Daoist philosophy. The study conducts a textual analysis of Zhang’s Qiwulun Shi 齊物論釋, comparing his interpretation with earlier commentaries on the Zhuangzi. It is argued that Zhang’s approach is profoundly influenced by the Buddhist doctrine of non-duality, which underscores the interconnectedness of all phenomena. While Zhang’s interpretation has faced criticism from contemporaries and later philosophers for misunderstandings of Yogācāra theory and Kantian philosophy, it employs the method of geyi 格義 (matching concepts), not to impose one tradition over another, but to foster a dialogical process where the insights from each tradition mutually inform and transform one another. This article highlights the interpretative openness of the Zhuangzi, which invites diverse interpretations, and demonstrates how Zhang’s approach enriches this tradition by synthesizing various philosophical and religious frameworks. Zhang’s methodology remains relevant, fostering cross-cultural and inclusive philosophical dialog.

Redefining organizational digitality: a relational-ontological approach inspired by new materialism

Organizations, as central actors in societal structure, undergo significant transformations due to the impact of digitalization, often resulting in disruptive changes. Consequently, organizations increasingly view digitalization as an ongoing process of negotiation, which has led to the emergence of new operational modes and organizational norms. In this context, the interaction between organizations and digital technologies is characterized by recursive dynamics, which blur conventional boundaries. This presents a challenge in defining the distinct domains of the digital and the organizational within the framework of recursivity. This article draws upon new materialism and agential realism to propose an ontological-relational approach to understanding organizational digitality. This approach suggests a reconceptualization of organizational digitality as a mechanism that generates relational entities, thereby reshaping their inherent meanings. By transcending traditional boundaries between organizations and digital, this perspective provides a nuanced understanding of digital phenomena within organizational contexts.

Unlocking public infrastructures? State aid and the common European data space

EU state aid rules are part of the EU’s competition policy, a form of soft law developed to nudge states away from public investments in many areas. Rules were used to impose that market competition holds a privileged position, and that enacting social, political, or economic benefits that might stifle competition requires a complicated legal and political negotiation process between the European Commission, Member States, and private companies. Nonetheless, many strategic projects or situations in recent years led to significant state aid. The Commission utilised a variety of means to encourage both private and public investments in EU based digital infrastructure that is critical for public media services and for unified European data space. Despite EU’s balancing act between the private and public interests, business interests are dangerously capturing the development in the media data space. To grasp the social and economic contribution of publicly financed productive activities, we approach public broadcasting systems as producers of public wealth of a peculiar kind whose activities and goals are defined by their public purpose, rather than the imperatives of capital and profitmaking. Unifying data spaces with too many design decisions conceded to capitalist production runs the risk of further neglecting social foundations of member states. We argue that the desired digital transformation would be more successful if it moved towards affirmative approaches to public services and public infrastructures, recognising the historical and contemporary contribution of the production of public wealth and public media in member states.

Learning from Practice to Teach for Practice: Reflections from a Novel Training Series for International Climate Negotiators Presentation at PON’s 40th Anniversary Symposium, December 9, 2023

Abstract Early career climate negotiators face tough challenges—with little formal authority they must exert influence in a highly formalized negotiation process that produces bad bargaining dynamics. The authors describe the process of devising a training series for such climate negotiators from underrepresented and underresourced countries. They highlight challenges they faced, and distill lessons learned. Specifically, the article explores how negotiation theory can be made useful for people who are granted little authority to negotiate creatively, how to leverage insights from senior practitioners effectively, and how to train and engage an audience online that is scattered around the world, underpaid, overworked, and dials in with bad WiFi.

Военная сила в международных отношениях как фактор безопасности и суверенитета России на современном этапе ее развития

The study presents an analysis of Russia's international relations at the present stage of development and their impact on the state of the military-political situation in regional strategic areas, which are of paramount importance for ensuring the national security of the Russian Federation. The authors note that Russia aims to strengthen its contacts with Islamic countries in the context of international relations. It is observed that the Israel-Iran conflict has once again become a key factor in global politics. The features of the negotiation processes, the role and place of Russia in them are revealed. The desire to resolve the Ukrainian crisis, which severely affects the global economy and its major players, remains pronounced. According to the results of the analysis, negative trends have been identified that require the elimination of factors at the international level at the current stage of development, influencing which, it is necessary to stabilize the aggravated contradictions taking into account new threats. The identified threats will ensure strategic stability to confront the collective West, contributing to the construction, functioning and development of the national security system. Proposals are being made on new approaches to solving the negotiation process and the need for a set of legal support measures, as well as the use of existing potential.

Corporate moral insolvency: lessons from Purdue Pharma

ABSTRACT This article argues that Purdue Pharma, maker of OxyContin, is a morally insolvent corporation – its wrongdoing pervasive or central to the corporation’s operations, its actions causing grave harm, and yet accountability still seems out of reach. It further argues that Purdue helps demonstrate how criminal legal systems are not capable of holding corporations accountable for wrongdoing. For humans, being convicted of a crime often means being sent to jail, and states pay little attention to the plight of children of prisoners. For corporations, criminal legal systems focus on deterrence as a goal, largely because corporations are not capable of suffering from retributive punishments in the way that humans are. But corporate insolvency processes demonstrate that corporations can be restructured, reorganised, and liquidated. This article posits that a system of corporate moral insolvency could better respond to corporate wrongdoing – combining an inquiry-style process of fact finding with a negotiated settlement process providing those with most at stake a means to assert their interests, all while deterring future wrongdoing.

Renewing hope for Cyprus peace: a novel approach to reconcile the negotiation positions of the Turkish Cypriot side and the Greek Cypriot side

Abstract Focusing on the achievements and failures of the 2017 Crans-Montana negotiations, this study examines the research question of how and why the last talks failed to resolve the Cyprus issue. It argues that progress in the negotiations was hindered by the enduring mistrust between the community leaders and the inadequacy of their resolve to reach common ground by reconciling their respective differences about the security and guarantees issue. The study suggests the process that helped bring about the Northern Ireland Good Friday Agreement offers a practical and effective approach to compare with the case of a seemingly intractable situation such as the Cyprus problem. The Irish–British negotiations were open to and involved a wide range of parties including the government, civil society, and international stakeholders. Moreover, they benefited from the decision to set a firm deadline for the conclusion of the negotiations. The findings of this study stress that because the previous Cyprus talks lacked an inclusive and transparent negotiation process – one with stated deadlines complete with alternative scenarios in the event of a referendum – they failed to address the broad gap of trust between the two Cypriot communities.

Die „fünfte Suburbanisierung“ – Perspektiven suburbaner Raumentwicklung in den 2020er-Jahren

Germany is currently experiencing a renewed rise of suburbanisation and an associated increase in urban expansion in the peripheries of large cities. How this development—referred to below as the “fifth suburbanisation” in the history of this country—can be characterized in the light of earlier phases of intraregional deconcentration is the topic of this paper. The four historical reference phases are not to be understood as clearly distinguishable and successive developments. Their conceptualization is less temporal than structural-material, socio-spatial, institutional, cultural, economic and political-discursive. The focus is on characteristics of built environments typical of each phase, specific social and economic drivers, dominant housing and planning policies, socio-cultural meanings and values as well as social embedding and negotiation processes. Suburban development of the 2020s will take place in a socio-economically and institutionally changed process field, even though there is still little empirical evidence in this regard. Accordingly, this paper also aims to call for a discussion on new research desiderata and realistic policy designs for suburban spatial development in the 2020s. A historical contextualization of the current development and planning processes is considered essential.

Resident Unions: Why Now and Will They Change Medical Education and Health Care?

During the COVID-19 pandemic, resident unions proliferated. While unionization resulted in increased compensation and benefits, the process of union negotiations may have created adversarial relationships between residents and their institutions' leadership, who residents depend on for supervision and the development of clinical expertise. Such adversarial relationships could affect the learning environment, which is critical to the delivery of high-quality care. In this commentary, the authors suggest that academic medical centers should offer residents an authentic seat at the institutional care delivery leadership table, ensuring residents' full participation in key organizational decisions. Doing so represents an alternative to unionization, with its potentially adversarial relationships, while still achieving a key goal of residents-to be included in the decisions that affect them and the care they provide. In this way, residents can use their unique understanding of the institutions' strengths and weaknesses to improve the quality of patient care and the learning environment. Such engagement can also help residents achieve competence in systems-based practice and provide a vital link between institutions and the patients and community they serve through health policy and advocacy activities.

A SETTLEMENT AGREEMENT IN ECONOMIC PROCEEDINGS

The article examines a settlement agreement as one of conciliation procedures in economic proceedings. For reconciliation, the parties must take active joint actions to achieve a result. It was revealed that the procedure for the reconciliation of the parties and the content of the settlement agreement are not and cannot be established by the current procedural legislation, since it is actually a negotiation process that is impractical to regulate in detail. However, the draft settlement agreement as a result of joint efforts is submitted to the court for further approval, and approval is not a formal, automatic act of the court. Domestic procedural codes are analyzed and it is proven that the grounds for a judge’s refusal to approve a settlement agreement are clearly established by the procedural law, but are not identical in different laws. It is proposed to supplement Article 192 of the Economic Procedural Code of Ukraine with such reasons for refusing to approve a settlement agreement as "the terms of the agreement do not meet the interests of society" and “there are reasonable grounds to believe that the conclusion of the agreement was not voluntary, or the parties have not reconciled”. The author agrees with the position that the parties to the settlement agreement should reach a compromise on all important substantative legal issues that belong to the subject of the dispute and can be implemented by the participants in the case. On the other hand procedural issues cannot be a part of the settlement agreement. It is proposed to highlight the following positive features of the settlement agreement: 1) the settlement agreement allows the parties to resolve the conflict without a lengthy court process, saving time and resources of business and the judicial system; 2) the settlement agreement gives the parties the opportunity to go beyond the requirements and independently choose the terms of dispute resolution; 3) resolving the dispute through an settlement agreement contributes to maintaining good business relations between the parties; 4) settlement agreements reduce the burden on the judicial system; 5) the use of settlement agreements by Ukrainian business entities increases the competitiveness of the Ukrainian business environment in the world. The task of the court is to prevent abuses in the process of concluding a settlement agreement and the infringement of the interests of the parties as well as other persons.

ENERGY COOPERATION BETWEEN RUSSIA, MONGOLIA AND CHINA

The article is devoted to the consideration of the situation in the trilateral energy cooperation between Russia, Mongolia and China. The authors analyze the current state and prospects of energy development of the three countries from the point of view of mutual cooperation. The author pays special attention to the prospects of signing an agreement for the supply of gas from Russia in transit through Mongolia to China. The article presents the strengths and weaknesses of this project and analyzes the reasons for delaying the negotiation process.

Towards healthier places: understanding local authority implementation of health impact assessments in urban planning projects in England

ABSTRACT Health Impact Assessment is a tool increasingly used by local authorities in the urban planning process to support the delivery of healthy places. However, there is a lack of evidence on the use of health impact assessments, including how they fit into planning decision-making processes. This paper reports on a qualitative study with nine participants in public and private sectors involved in the health impact assessment process in England. Using the language of policy theory, a model of how health impact assessments work to promote health in urban planning projects is proposed: in part by forcing change from developers through regulation, but more so by persuading them to make healthier developments voluntarily through a process of collaboration and dialogue. This model can help stakeholders involved in health impact assessments understand and manage the process more effectively. Findings also highlight enablers and barriers of effective practice which form the basis of recommendations for local authorities implementing Health Impact Assessment.