'Sticky' Arbitration Clauses?: The Use of Arbitration Clauses after Concepcion and Amex

Protecting Franchisees from Abusive Arbitration Clauses

On the Semantics of Arbitration

Revision and update operators add new information to some old information represented by a logical theory. Katsuno and Mendelzon show that both revision and update operators can be characterized as accomplishing a minimal change in the old information to accommodate the new information. Arbitration operators add two or more weighted informations together where the weights indicate the relative ...

Mediation, arbitration and negotiation

We compare three common dispute resolution processes — negotiation, mediation, and arbitration — in the framework of Crawford and Sobel (1982). Under negotiation, the two parties engage in (possibly arbitrarily long) face-to-face cheap talk. Under mediation, the parties communicate with a neutral third party who makes a non-binding recommendation. Under arbitration, the two parties commit to co...

The Changing Role of Arbitration

Arbitration has existed for centuries in parallel with adjudication 1 as a method of obtaining a binding decision of a dispute between private citizens. Although arbitral awards had to be enforced through judicial proceedings, the courts would enforce them "when fairly and lawfully made, without hesitation or question," as Justice Story declared in 1845 in Tobey v. County of Bristol.' In the An...

Medical Malpractice Arbitration Act: Michigan's experience with arbitration.

In the 1970's, Michigan and other states were confronted with a medical malpractice crisis of astronomical proportions. The escalating number of medical malpractice lawsuits and concomitant increase in malpractice premiums for health care providers fostered a divisive climate among doctors, lawyers and patients. In response to this crisis, the Michigan legislature enacted the Medical Malpractic...