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Mediation, Arbitration and Negotiation
November 26, 2013
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 conform to the third party recommendation. We characterize and compare the optimal mediation and arbitration...
November 26, 2013
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 conform to the third party recommendation. We characterize and compare the optimal mediation and arbitration...
Med-Arb and the Legalization of Alternative Dispute Resolution
November 26, 2013
Brian Pappas, Assistant Clinical Professor of Law and Associate Director of Alternative Dispute Resolutionat Michigan State University College of Law, has authored Med-Arb and the Legalization of Alternative Dispute Resolution, Volume 20, Harvard Negotiation Law Review, Spring 2015. In his paper, Professor Pappas discusses the potential effects of incorporating Med-Arb in the dispute resolution process. Here is the abstract: Use of Med-Arb, a dispute resolution process incorporating both...
November 26, 2013
Brian Pappas, Assistant Clinical Professor of Law and Associate Director of Alternative Dispute Resolutionat Michigan State University College of Law, has authored Med-Arb and the Legalization of Alternative Dispute Resolution, Volume 20, Harvard Negotiation Law Review, Spring 2015. In his paper, Professor Pappas discusses the potential effects of incorporating Med-Arb in the dispute resolution process. Here is the abstract: Use of Med-Arb, a dispute resolution process incorporating both...
Economic Rationales for Mediation
November 26, 2013
Much of the economic literature on Alternative Dispute Resolution ("ADR") displays a surprising failure to differentiate between types of dispute resolution devices. Often when economists purport to examine the efficiency of ADR, they focus exclusively on arbitration or other forms of private adjudication. Mediation – negotiation facilitated by a neutral third party – has received far less attention than arbitration in the economic literature. The neglect of mediation is particularly surprising...
November 26, 2013
Much of the economic literature on Alternative Dispute Resolution ("ADR") displays a surprising failure to differentiate between types of dispute resolution devices. Often when economists purport to examine the efficiency of ADR, they focus exclusively on arbitration or other forms of private adjudication. Mediation – negotiation facilitated by a neutral third party – has received far less attention than arbitration in the economic literature. The neglect of mediation is particularly surprising...
Canada Joins the Global Arbitration Club
November 25, 2013
Canada has joined the ranks of 150 other countries that use a global court for international arbitration, which the government...
November 25, 2013
Canada has joined the ranks of 150 other countries that use a global court for international arbitration, which the government...
Auto Correct: Has the self-driving car at last arrived?
November 25, 2013
Human beings make terrible drivers. They talk on the phone and run red lights, signal to the left and turn to the right. They drink too much beer and plow into trees or veer into traffic as they swat at their kids. They have blind spots, leg cramps, seizures, and heart attacks. They rubberneck, hotdog, and take pity on turtles, cause fender benders, pileups, and head-on collisions. They nod off at the wheel, wrestle with maps, fiddle with knobs, have marital spats, take the curve too late, take the curve...
November 25, 2013
Human beings make terrible drivers. They talk on the phone and run red lights, signal to the left and turn to the right. They drink too much beer and plow into trees or veer into traffic as they swat at their kids. They have blind spots, leg cramps, seizures, and heart attacks. They rubberneck, hotdog, and take pity on turtles, cause fender benders, pileups, and head-on collisions. They nod off at the wheel, wrestle with maps, fiddle with knobs, have marital spats, take the curve too late, take the curve...
EDGE: What Big Data Means for Social Science
November 25, 2013
"I'm going to talk to you today about a project that I've started in the last year or two. This type of thinking, this type of work, is going to be one of the challenges social science faces in the coming three, four, five, ten years. It's work exclusively with Jon Kleinberg. For those of you who don't know him, Jon is a computer scientist, one of the preeminent computer scientists. He's probably the smart one of the two of us, but I'm the pretty one so it's better that I'm being taped. "This...
November 25, 2013
"I'm going to talk to you today about a project that I've started in the last year or two. This type of thinking, this type of work, is going to be one of the challenges social science faces in the coming three, four, five, ten years. It's work exclusively with Jon Kleinberg. For those of you who don't know him, Jon is a computer scientist, one of the preeminent computer scientists. He's probably the smart one of the two of us, but I'm the pretty one so it's better that I'm being taped. "This...
Consistently Inconsistent: The Need for Predictability in Awarding Costs and Fees in Investment Treaty Arbitrations
November 25, 2013
John Y. Gotanda, Associate Dean for Faculty Research and Professor of Law at Villanova University School of Law, has published Consistently Inconsistent: The Need for Predictability in Awarding Costs and Fees in Investment Treaty Arbitrations, ICSID Review (Fall 2013) 28 (2): 420-437; Villanova Law/Public Policy Research Paper No. 2013-3039. In his article, Professor Gotanda discusses the role of arbitration in the often high stakes world of investment treaties. He also advocates for the adoption...
November 25, 2013
John Y. Gotanda, Associate Dean for Faculty Research and Professor of Law at Villanova University School of Law, has published Consistently Inconsistent: The Need for Predictability in Awarding Costs and Fees in Investment Treaty Arbitrations, ICSID Review (Fall 2013) 28 (2): 420-437; Villanova Law/Public Policy Research Paper No. 2013-3039. In his article, Professor Gotanda discusses the role of arbitration in the often high stakes world of investment treaties. He also advocates for the adoption...
Two GCs Join Board of International ADR Group
November 24, 2013
The International Institute for Conflict Prevention & Resolution (CPR), the leading independent non-profit organization...
November 24, 2013
The International Institute for Conflict Prevention & Resolution (CPR), the leading independent non-profit organization...
Will the Next Nate Silver Please Stand Up?
November 24, 2013
Ever since Nate Silver made a splash with his freakishly accurate election predictions, all sorts of companies have been looking for their own rock-star data scientists. The trouble is that these people are hard to come by — few can blend computer science with applied mathematics in a way that produces truly effective data science — and for many companies, it’s not even clear that they really need this kind of expertise. Shashi Upadhyay, CEO of analytics outfit Lattice Engines, which helps...
November 24, 2013
Ever since Nate Silver made a splash with his freakishly accurate election predictions, all sorts of companies have been looking for their own rock-star data scientists. The trouble is that these people are hard to come by — few can blend computer science with applied mathematics in a way that produces truly effective data science — and for many companies, it’s not even clear that they really need this kind of expertise. Shashi Upadhyay, CEO of analytics outfit Lattice Engines, which helps...
The Decline of the Associate and the Rise of the Law Firm Employee
November 24, 2013
Earlier this month, Greenberg Traurig became the latest large US firm to take a new approach to its legal talent. Rather than firing secretaries or de-equitizing partners, however, as is all the rage elsewhere, Greenberg proposed something different and potentially groundbreaking: the introduction of a “residency” program for new associates. Here’s how the Am Law Daily describes it: Join the firm as an associate, but only if you’re willing to spend a third of your time training rather...
November 24, 2013
Earlier this month, Greenberg Traurig became the latest large US firm to take a new approach to its legal talent. Rather than firing secretaries or de-equitizing partners, however, as is all the rage elsewhere, Greenberg proposed something different and potentially groundbreaking: the introduction of a “residency” program for new associates. Here’s how the Am Law Daily describes it: Join the firm as an associate, but only if you’re willing to spend a third of your time training rather...
