Health / Medicine / Pharmaceutical Negotiation

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Healthcare is one of the largest industries globally, with billions of dollars spent on treatments and associated research. There are typically significant interests at stake in related negotiations, which are made all the more complex by the presence of both public and private sector actors, many with extensive training and highly-valued skills. The fact that life and death is an issue in many health/medical/pharmacological negotiations makes the stakes even higher.

Role-play exercises available through the Teaching Negotiation Resource Center (TNRC) reflect the breadth and depth of the important negotiations that take place in the healthcare sector. Medical malpractice and liability is a major issue. In Sue or Settle, two surgeons and their lawyers explore whether or not they can resolve who is more at fault in a liability suit they jointly lost, or if they must return to the courts. In the Texflex Products exercise, two pharmaceutical firms are at odds over the delivery of a necessary ingredient so meet in the presence of representatives from consumer groups. Healthcare-related disputes are not restricted to the hospital or research lab. In Drug Testing in the Workplace, a truck driver, personnel director and Employee Assistance Program Center representative meet to discuss what to do about a test the driver falsely failed. Medical disputes can extent quite deeply into people’s personal lives. In the DONS Negotiation, two former sexual partners and their lawyers negotiate because one knowingly infected the other with a deadly virus.

Part II of the Negotiation Pedagogy Video Series uses the Texflex Products exercise to illustrate the mutual gains approach to dealing with an angry public. The Renegotiating Health Care book outlines how negotiation and conflict resolution might be applied to the major challenges facing the sector.

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Case Studies & Articles

Gina Coplon-Newfield

This case study provides an intimate view into the fierce battle among major US nonprofit environmental groups, Members of Congress, and industry over energy policy in 2007. The resulting law slashed pollution by raising car efficiency regulations for the first time in three decades. For negotiators and advocates, this case provides important lessons about cultivating champions, neutralizing opponents, organizing the masses, and using the right message at the right time.

Role Simulations

Role Simulation
Corporate Decision-Making Negotiation Role-Play:

Blueville Health Foundation

Mieke van der Wansem, Lawrence Susskind and Janet Martinez
Five-party multi-issue negotiation among foundation, community, and medical board members of a new health foundation to set community health funding priorities and strategies for community engagement
Role Simulation
Health / Medicine / Pharmaceutical Negotiation Role-Play:

Clarke v. California Insurance Co., et al.

Harvard Negotiation Project and Hastings College of Law
Two-party distributive negotiation between counsel for an insurance company and the insured regarding a disability benefits settlement
Role Simulation
Ethics Negotiation Role-Play:

DONS Negotiation

Robert Bordone and Jonathan Cohen, adapted from PONS Negotiation by Nevan Elam and Whitney Fox
Four-person, two-party, two-round between a former couple and their lawyers regarding the knowing transmission of DONS, a fatal disease communicated through sexual intercourse
Role Simulation
Health / Medicine / Pharmaceutical Negotiation Role-Play:

Drug Testing in the Workplace

Joel Cutcher-Gershenfeld and Roger Winthrop
Three-person employment mediation between a truck driver and his company's personnel director, mediated by an Employee Assistance Program representative, regarding a positive drug test; a four-person version also includes a union representative
Role Simulation
Cross-Cultural Negotiation Role-Play:

Foreign Direct Investment in Mandoa

Michèle Ferenz, Stan Byers, and David Fairman with assistance from Professor Lawrence Susskind
A facilitated multi-party negotiation among government officials regarding the design of a foreign direct investment strategy that balances economic, societal, and environmental concerns
Role Simulation
Health / Medicine / Pharmaceutical Negotiation Role-Play:

Hopkins HMO

Janet Martinez
Three-party, multi-issue contract negotiation among representatives for an HMO and two pharmaceutical companies over the purchase of a new antidepressant drug
Role Simulation
Health / Medicine / Pharmaceutical Negotiation Role-Play:

Hopkins Hospital

Janet Martinez
Role Simulation
Health / Medicine / Pharmaceutical Negotiation Role-Play:

Hospital Committee, The

Irma Tyler-Wood and Bruce Patton
Multi-party negotiation among hospital committee members over the allocation of scarce life-saving resources
Role Simulation
Hannah Payne and Genea Foster under the direction of Lawrence Susskind
A seven-party role-play simulation involving a diverse set of stakeholders who must consider the short-term and long-term public health impacts of climate change while assessing the pros and cons of specific (and conflicting) risk management strategies
Role Simulation
International Relations Negotiation Role-Play:

Negotiating Budget Cuts at Newtowne Hospital

Lawrence Susskind
Six-person negotiation among hospital administration and employee representatives to reach consensus on budget cuts in three departments
Role Simulation
International Relations Negotiation Role-Play:

Negotiating with Another Federal Agency

Larry Susskind (MIT), Ona Ferguson, and Meredith Sciarrio
Two, separate, two-person, non-scorable negotiations: one between Technical Co-chairs from the Center for Disease Control and USAID; the other between a CDC Technical Co-Chair and the Minister of Health in the imaginary host country of Sabada.
Role Simulation
International Relations Negotiation Role-Play:

Negotiating with the Ministry of Health

Larry Susskind (MIT), Ona Ferguson, and Meredith Sciarrio
Two, separate, two-person, non-scorable negotiations: one between Technical Co-chairs from the Center for Disease Control and USAID; the other between a CDC Technical Co-Chair and the Minister of Health in the imaginary host country of Sabada.
Role Simulation
Community Dispute Negotiation Role-Play:

Neighborhood Care, Inc.

Lawrence Susskind and Bruce Patton
Two-party negotiation or mediation between church and neighborhood representatives over the possible use of church facilities for services for the mentally challenged
Role Simulation
International Relations Negotiation Role-Play:

St. Francis Hospital and the Managed Medical Model

Patricia Moore and Lawrence Susskind
Five-party, four-issue negotiation among representatives for a financially struggling hospital's administrators, doctors, and nurses over budget priorities and expanded application of the managed medical model
Role Simulation
Health / Medicine / Pharmaceutical Negotiation Role-Play:

Sue or Settle

Seth Freeman, John Richardson, and Bruce Patton
Four-person, two-party, strategic decision-making exercise to highlight the cost-benefit analysis in determining whether to settle a medical malpractice case or to continue litigation
Role Simulation
Law / Courts Negotiation Role-Play:

Super Slipster

Matt Smith under the supervision of Robert C. Bordone, with revisions by Michael Moffitt
Two-party personal injury settlement negotiation between the attorney for the injured plaintiff and general counsel for the defendant toy manufacturing company
Role Simulation
Health / Medicine / Pharmaceutical Negotiation Role-Play:

Teflex Products

Lawrence Susskind and James Lawrence
Five-party, multi-issue negotiation among representatives of a pharmaceutical company, a medical drug manufacturer, and three consumer organizations over the delayed release of a new drug
Role Simulation
Health / Medicine / Pharmaceutical Negotiation Role-Play:

Williams Medical Center

Eileen Babbitt and Lawrence Susskind
Five-party negotiation among representatives of pharmacists, physicians, nurses, and administrators to develop recommended changes to the drug prescription policy of a large metropolitan teaching hospital

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