The role of nonbinding alternative dispute resolution in litigation
نویسنده
چکیده
This paper analyzes pretrial mediation, in which a panel estimates the value of the plaintiff’s claim. Each party must decide whether to accept or reject the resulting award. If either party rejects, the case proceeds on toward trial; however, most cases are ultimately settled. We develop and then test a model in which each party has private information about the claim, but the mediation panel does not. The model predicts (1) the probability that each party accepts or rejects the mediation award, and (2) if the award is rejected and the case is later settled, how the settlement payment compares to the mediation award. ©2000 Elsevier Science B.V. All rights reserved. JEL classification: K41; D74; J52
منابع مشابه
Using Case-Based Reasoning to Support Alternative Dispute Resolution
Recent trends in communication technologies led to a shift in the already traditional Alternative Dispute Resolution paradigm, giving birth to the Online Dispute Resolution one. In this new paradigm, technologies are used as a way to deliver better, faster and cheaper alternatives to litigation in court. However, the role that technology plays can be even further enhanced through the use of art...
متن کاملAlternative Dispute Resolution in the Uk Construction Industry
Alternative Dispute Resolution (ADR) has attracted a great deal of attention amongst the legal and construction professions of the UK construction industry since the mid1980s. Not only does ADR provide an opportunity to resolve disputes more efficiently than the traditional methods of arbitration and litigation, but it also provides increased scope for the involvement of non-lawyers. Constructi...
متن کاملPeaceful methods of The International Disputes Settlement and their impact on the development of international trade; With Emphasizing on the scope of the energy industry
International trade litigation represents, the extent to which countries participate in international trade, as well as its business activities on various economic issues. Since energy is one of main pillars of international trade, settlement international disputes can play an important role in international trade.This is especially evident in the energy sector, which plays an important role in...
متن کاملاصل محرمانه بودن در شیوههای جایگزین حل اختلاف
In contrast with general principle of open legal proceedings in governmental courts we have a general rule governing on arbitration and other alternative dispute resolution like negotiation, arbitration, mediation, privacy & confidentiality proceedings. In other words, in this method third parties except for parties of dispute are not authorized to be present and observe parties disputes. F...
متن کاملIs compulsory court-annexed medical malpractice arbitration constitutional? How the debate reflects a trends towards compulsion in alternative dispute resolution.
Alternative Dispute Resolution (ADR)1 is a classification of methods used to efficiently, cost-effectively, and equitably resolve disputes2 without resorting to litigation.3 “ADR is premised upon the intention that by providing disputing parties with a process that is confidential, voluntary, adaptable to the needs and interests of the parties, and within party control, a more satisfying, durab...
متن کامل