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Bargaining in the shadow of arbitration

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  • Marselli, Riccardo
  • McCannon, Bryan C.
  • Vannini, Marco

Abstract

Arbitration, as an alternative to litigation for contract disputes, reduces costs and time. While it has frequently been thought of as a substitute to pretrial bargaining and litigation, in fact, parties may be able to reach a settlement privately while engaged in the arbitration process. Consequently, the institutional design may influence the bargaining. We develop a theoretical model of pre-arbitration bargaining that is able to identify the impact of the institutional features on its success. A detailed data set from arbitration proceedings in Italy is analyzed. The exogenous heterogeneity in the composition of the panel of arbitrators allows us to illustrate its effect on bargaining. We show that the number of arbitrators used interacts with their experience and independence to reduce uncertainty and facilitate settlement.

Suggested Citation

  • Marselli, Riccardo & McCannon, Bryan C. & Vannini, Marco, 2015. "Bargaining in the shadow of arbitration," Journal of Economic Behavior & Organization, Elsevier, vol. 117(C), pages 356-368.
    • Handle: RePEc:eee:jeborg:v:117:y:2015:i:c:p:356-368
    DOI: 10.1016/j.jebo.2015.06.016
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    1. Alan Speight & Dennis Thomas, 1997. "Arbitrator Decision‐Making in the Transfer Market: an Empirical Analysis," Scottish Journal of Political Economy, Scottish Economic Society, vol. 44(2), pages 198-215, May.
    2. Orley Ashenfelter & Gordon B. Dahl, 2012. "Bargaining and the Role of Expert Agents: An Empirical Study of Final-Offer Arbitration," The Review of Economics and Statistics, MIT Press, vol. 94(1), pages 116-132, February.
    3. William M. Landes & Richard A. Posner, 1978. "Adjudication as a Private Good," NBER Working Papers 0263, National Bureau of Economic Research, Inc.
    4. Ezra Friedman & Abraham L. Wickelgren, 2006. "Bayesian Juries and The Limits to Deterrence," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 22(1), pages 70-86, April.
    5. Mueller,Dennis C., 2003. "Public Choice III," Cambridge Books, Cambridge University Press, number 9780521894753, September.
    6. Ashenfelter, Orley & Bloom, David E. & Dahl, Gordon B., 2013. "Lawyers as Agents of the Devil in a Prisoner's Dilemma Game: Evidence from Long Run Play," IZA Discussion Papers 7245, Institute of Labor Economics (IZA).
    7. Vincent P. Crawford, 1982. "Compulsory Arbitration, Arbitral Risk and Negotiated Settlements: A Case Study in Bargaining under Imperfect Information," The Review of Economic Studies, Review of Economic Studies Ltd, vol. 49(1), pages 69-82.
    8. Amy Farmer Curry & Paul Pecorino, 1993. "The Use of Final Offer Arbitration as a Screening Device," Journal of Conflict Resolution, Peace Science Society (International), vol. 37(4), pages 655-669, December.
    9. Gibbons, Robert, 1988. "Learning in Equilibrium Models of Arbitration," American Economic Review, American Economic Association, vol. 78(5), pages 896-912, December.
    10. Shavell, Steven, 1995. "Alternative Dispute Resolution: An Economic Analysis," The Journal of Legal Studies, University of Chicago Press, vol. 24(1), pages 1-28, January.
    11. Bernstein, Lisa, 1992. "Opting Out of the Legal System: Extralegal Contractual Relations in the Diamond Industry," The Journal of Legal Studies, University of Chicago Press, vol. 21(1), pages 115-157, January.
    12. McMillan, John & Woodruff, Christopher, 1999. "Dispute Prevention without Courts in Vietnam," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 15(3), pages 637-658, October.
    13. Amy Farmer & Paul Pecorino, 2003. "Bargaining with Voluntary Transmission of Private Information: Does the Use of Final Offer Arbitration Impede Settlement?," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 19(1), pages 64-82, April.
    14. Farmer, Amy & Pecorino, Paul & Stango, Victor, 2004. "The Causes of Bargaining Failure: Evidence from Major League Baseball," Journal of Law and Economics, University of Chicago Press, vol. 47(2), pages 543-568, October.
    15. McCannon, Bryan C., 2010. "The median juror and the trial of Socrates," European Journal of Political Economy, Elsevier, vol. 26(4), pages 533-540, December.
    16. Amy Farmer, 2007. "Bargaining over an Uncertain Value: Arbitration Mechanisms Compared," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 23(3), pages 547-579, October.
    17. Crawford, Vincent P, 1979. "On Compulsory-Arbitration Schemes," Journal of Political Economy, University of Chicago Press, vol. 87(1), pages 131-159, February.
    18. Deck, Cary A. & Farmer, Amy, 2009. "Strategic bidding and investments in final offer arbitration: Theory and experimental evidence," Journal of Economic Behavior & Organization, Elsevier, vol. 70(1-2), pages 361-373, May.
    19. Farber, Henry S & Bazerman, Max H, 1986. "The General Basis of Arbitrator Behavior: An Empirical Analysis of Conventional and Final-Offer Arbitration," Econometrica, Econometric Society, vol. 54(4), pages 819-844, July.
    20. Giuseppe Dari-Mattiacci, 2007. "Arbitration versus Settlement," Revue économique, Presses de Sciences-Po, vol. 58(6), pages 1291-1307.
    21. Farmer, Amy & Tiefenthaler, Jill, 2001. "Conflict in divorce disputes: the determinants of pretrial settlement," International Review of Law and Economics, Elsevier, vol. 21(2), pages 157-180, June.
    22. Henry S. Farber & Max H. Bazerman, 1987. "Divergent Expectations as a Cause of Disagreement in Bargaining: Evidence from a Comparison of Arbitration Schemes."," NBER Working Papers 2139, National Bureau of Economic Research, Inc.
    23. Henry S. Farber, 1980. "An Analysis of Final-Offer Arbitration," Journal of Conflict Resolution, Peace Science Society (International), vol. 24(4), pages 683-705, December.
    24. Michael R. Baye & Joshua D. Wright, 2011. "Is Antitrust Too Complicated for Generalist Judges? The Impact of Economic Complexity and Judicial Training on Appeals," Journal of Law and Economics, University of Chicago Press, vol. 54(1), pages 1-24.
    25. Farmer, Amy & Pecorino, Paul, 1998. "Bargaining with Informative Offers: An Analysis of Final-Offer Arbitration," The Journal of Legal Studies, University of Chicago Press, vol. 27(2), pages 415-432, June.
    26. Bryan C. McCannon, 2011. "Jury Size in Classical Athens: an Application of the Condorcet Jury Theorem," Kyklos, Wiley Blackwell, vol. 64(1), pages 106-121, February.
    27. Pecorino, Paul & Van Boening, Mark, 2001. "Bargaining and Information: An Empirical Analysis of A Multistage Arbitration Game," Journal of Labor Economics, University of Chicago Press, vol. 19(4), pages 922-948, October.
    28. Spurr, Stephen J., 2000. "The role of nonbinding alternative dispute resolution in litigation," Journal of Economic Behavior & Organization, Elsevier, vol. 42(1), pages 75-96, May.
    29. Currie, Janet & McConnell, Sheena, 1994. "The Impact of Collective-Bargaining Legislation on Disputes in the U.S. Public Sector: No Legislation May Be the Worst Legislation," Journal of Law and Economics, University of Chicago Press, vol. 37(2), pages 519-547, October.
    30. Farber, Henry S & Bazerman, Max H, 1986. "The General Basis of Arbitrator Behavior: An Empirical Analysis of Conventional and Final-Offer Arbitration," Econometrica, Econometric Society, vol. 54(6), pages 1503-1528, November.
    31. Henry S. Farber & Max H. Bazerman, 1989. "Divergent Expectations as a Cause of Disagreement in Bargaining: Evidence from a Comparison of Arbitration Schemes," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 104(1), pages 99-120.
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    Cited by:

    1. Claudio Detotto & Riccardo Marselli & Bryan C. McCannon & Marco Vannini, 2024. "Experts and arbitration outcomes: Insights from public procurement contract disputes," Kyklos, Wiley Blackwell, vol. 77(4), pages 922-943, November.
    2. Bryan C. McCannon, 2018. "Arbitration in classical Athens," Constitutional Political Economy, Springer, vol. 29(4), pages 413-423, December.
    3. Bryan C. McCannon & Paul Walker, 2016. "Endogenous competence and a limit to the Condorcet Jury Theorem," Public Choice, Springer, vol. 169(1), pages 1-18, October.
    4. Bryan C. McCannon, 2015. "Condorcet jury theorems," Chapters, in: Jac C. Heckelman & Nicholas R. Miller (ed.), Handbook of Social Choice and Voting, chapter 9, pages 140-160, Edward Elgar Publishing.
    5. Farmer, Amy & Pecorino, Paul, 2024. "Proposal convergence and settlement under final offer arbitration," International Review of Law and Economics, Elsevier, vol. 77(C).
    6. Gershoni, Naomi, 2021. "Individual vs. group decision-making: Evidence from a natural experiment in arbitration proceedings," Journal of Public Economics, Elsevier, vol. 201(C).

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    More about this item

    Keywords

    Arbitration; Bargaining; Contract dispute; Conventional arbitration; Italy; Settlement;
    All these keywords.

    JEL classification:

    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process
    • C78 - Mathematical and Quantitative Methods - - Game Theory and Bargaining Theory - - - Bargaining Theory; Matching Theory

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