Showing 1 – 3 of 3 results.
Curated
Comparison of Formal and Informal Dispute Resolution in Medical Malpractice (ICPSR 1059)
Released/updated on: 1996-01-03
Geographic coverage: United States
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Curated
Nonbinding Suggestions and Dispute Rates: Uncertainty, Focal Points, and their Effects on Bargaining Outcomes (ICPSR 25323)
Released/updated on: 2010-09-27
Time period: 2000-09-01--2003-10-01
This paper focuses on the effects of nonbinding recommendations on bargaining outcomes. Recommendations are theorized to have two effects: they can create a focal point for final bargaining positions, and they can decrease outcome uncertainty should dispute persist. While the focal point effect may help lower dispute rates, the uncertainty reduction effect is predicted to do the opposite for risk-averse bargainers. Which of these effects dominates is of critical importance in the optimal design of alternative dispute resolution (ADR) procedures, which are becoming increasingly utilized to help resolve disputes in a variety of settings. We theoretically examine the effects of recommendations on the bargaining contract zone. Our theoretical framework, which allows bargainers' final positions to influence a binding outcome should negotiations fail, provides for a more stringent test of focal points than previously considered. We also present data from controlled laboratory bargaining experiments that are consistent with our model of recommendation effects. Recommendations are empirically shown to influence final bargaining positions and negotiated settlement values. Furthermore, dispute rates are significantly lower when one includes recommendations, even where the recommendation is completely ignored in final-stage arbitration. This highlights a potentially significant role for the use of nonbinding procedures, such as mediation, as a preliminary stage in developing more efficient ADR procedures.
Curated
Survey of Tort Litigants in Three State Courts, 1989-1990: [United States] (ICPSR 9699)
Released/updated on: 2006-01-12
Geographic coverage: United States, Virginia, Maryland, Pennsylvania
Time period: 1989-01-01--1990-01-01
This survey examines the experiences of tort litigants in three state courts: (1) Bucks County, Pennsylvania, (2) Prince George's County, Maryland, and (3) Fairfax County, Virginia. The survey was administered using a Computer Assisted Telephone Interviewing (CATI) system. The most critical aspect of the CATI skip logic is that respondents were interviewed using different modules depending on their role in the dispute (plaintiff vs. defendant), the state/county, and the mode of resolution of their lawsuit. Questions were asked about the nature of the dispute, the plaintiff's financial losses, the defendant's report of damages claimed, events leading up to the lawsuit and finding a lawyer, arbitration cases, settlement conference cases, trial cases, bilateral settlement cases, costs of the lawsuit, social background, and overall evaluation of the experience.