IDEAS home Printed from https://ideas.repec.org/a/sae/ilrrev/v73y2020i2p456-478.html
   My bibliography  Save this article

The Devil Is in the Details: Attorney Effects on Employment Arbitration Outcomes

Author

Listed:
  • J. Ryan Lamare

Abstract

Conventional wisdom holds that hiring an attorney will improve outcomes for non-union employees who take individual rights complaints to arbitration. The limited empirical scholarship on this topic, however, rarely accounts for the concurrent influence of employer representatives or for differences in attorney characteristics. The author analyzes all arbitration awards rendered within the securities industry for cases filed at the implementation of its ADR program through 2007. Findings show that hiring an attorney benefits employees, but only in the rare instances when employers do not include an agent. In addition, the author examines lawyers’ biographical records to determine attorney quality differences and their effects on outcomes conditional on both sides having legal counsel. Findings show that employee and employer attorney characteristics differ and have grown more pronounced over time. These differences can affect awards, particularly to the benefit of employees. The author concludes that although simply hiring any attorney will not redress systematic imbalances within employment arbitration, lawyers are important to the system and certain types of representatives can affect the outcomes of arbitration.

Suggested Citation

  • J. Ryan Lamare, 2020. "The Devil Is in the Details: Attorney Effects on Employment Arbitration Outcomes," ILR Review, Cornell University, ILR School, vol. 73(2), pages 456-478, March.
    • Handle: RePEc:sae:ilrrev:v:73:y:2020:i:2:p:456-478
    DOI: 10.1177/0019793919877404
    as

    Download full text from publisher

    File URL: https://journals.sagepub.com/doi/10.1177/0019793919877404
    Download Restriction: no
    File URL: https://libkey.io/10.1177/0019793919877404?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    References listed on IDEAS

    as
    1. Richard N. Block & Jack Stieber, 1987. "The Impact of Attorneys and Arbitrators on Arbitration Awards," ILR Review, Cornell University, ILR School, vol. 40(4), pages 543-555, July.
    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. 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).
    4. Stacy Berg Dale & Alan B. Krueger, 2002. "Estimating the Payoff to Attending a More Selective College: An Application of Selection on Observables and Unobservables," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 117(4), pages 1491-1527.
    5. Stephen J. Choi & Jill E. Fisch & A. C. Pritchard, 2010. "Attorneys as Arbitrators," The Journal of Legal Studies, University of Chicago Press, vol. 39(1), pages 109-157, January.
    6. Orley Ashenfelter & David E. Bloom & Gordon B. Dahl, 2013. "Lawyers as Agents of the Devil in a Prisoner's Dilemma Game," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 10(3), pages 399-423, September.
    7. repec:pri:indrel:574.pdf is not listed on IDEAS
    8. David B. Lipsky & J. Ryan Lamare & Abhishek Gupta, 2013. "The Effect of Gender on Awards in Employment Arbitration Cases: The Experience in the Securities Industry," Industrial Relations: A Journal of Economy and Society, Wiley Blackwell, vol. 52, pages 314-342, January.
    9. Mark D. Gough, 2018. "How Do Organizational Environments and Mandatory Arbitration Shape Employment Attorney Case Selection? Evidence from an Experimental Vignette," Industrial Relations: A Journal of Economy and Society, Wiley Blackwell, vol. 57(4), pages 541-567, October.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Farmer, Amy & Pecorino, Paul, 2024. "Proposal convergence and settlement under final offer arbitration," International Review of Law and Economics, Elsevier, vol. 77(C).
    2. Mark D. Gough & Alexander J. S. Colvin, 2020. "Decision-Maker and Context Effects in Employment Arbitration," ILR Review, Cornell University, ILR School, vol. 73(2), pages 479-497, March.
    3. Juranek, Steffen, 2018. "Investing in legal advice," Information Economics and Policy, Elsevier, vol. 44(C), pages 28-46.
    4. Juranek, Steffen, 2015. "Investing in legal advice - What determines the costs of enforcing intellectual property rights?," Discussion Papers 2015/20, Norwegian School of Economics, Department of Business and Management Science.
    5. 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.
    6. Orley Ashenfelter & David E. Bloom & Gordon B. Dahl, 2013. "Lawyers as Agents of the Devil in a Prisoner's Dilemma Game," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 10(3), pages 399-423, September.
    7. Halla, Martin, 2007. "Divorce and the Excess Burden of Lawyers," IZA Discussion Papers 2962, Institute of Labor Economics (IZA).
    8. Orley C. Ashenfelter & David E. Bloom & Gordon B. Dahl, 2013. "Lawyers as Agents of the Devil in a Prisoner's Dilemma Game: Evidence from Long Run Play," NBER Working Papers 18834, National Bureau of Economic Research, Inc.
    9. Alon Klement & Zvika Neeman, 2013. "Does Information about Arbitrators' Win/Loss Ratios Improve Their Accuracy?," The Journal of Legal Studies, University of Chicago Press, vol. 42(2), pages 369-397.
    10. Ernan Haruvy & Yefim Roth, 2022. "On the Impact of an Intermediary Agent in the Ultimatum Game," Games, MDPI, vol. 13(3), pages 1-16, May.
    11. Hagmann, David & Feiler, Daniel, 2020. "The Agent-Selection Dilemma in Distributive Bargaining," OSF Preprints y6tq2, Center for Open Science.
    12. Nakabayashi, Masaki, 2011. "Schooling, employer learning, and internal labor market effect: Wage dynamics and human capital investment in the Japanese steel industry, 1930-1960s," MPRA Paper 30597, University Library of Munich, Germany.
    13. Cory Koedel, 2009. "Postsecondary Education Structure," Working Papers 0906, Department of Economics, University of Missouri, revised 04 Oct 2010.
    14. Alan B. Krueger, 2002. "Inequality, Too Much of a Good Thing," Working Papers 845, Princeton University, Department of Economics, Industrial Relations Section..
    15. Bratti, Massimiliano, 2002. "Does the choice of university matter?: a study of the differences across UK universities in life sciences students' degree performance," Economics of Education Review, Elsevier, vol. 21(5), pages 431-443, October.
    16. Sandra E. Black & Jeffrey T. Denning & Jesse Rothstein, 2023. "Winners and Losers? The Effect of Gaining and Losing Access to Selective Colleges on Education and Labor Market Outcomes," American Economic Journal: Applied Economics, American Economic Association, vol. 15(1), pages 26-67, January.
    17. TANAKA Mari & NARITA Yusuke & MORIGUCHI Chiaki, 2020. "Meritocracy and Its Discontent: Long-run Effects of Repeated School Admission Reforms," Discussion papers 20002, Research Institute of Economy, Trade and Industry (RIETI).
    18. Anna Manzoni & Jessi Streib, 2019. "The Equalizing Power of a College Degree for First-Generation College Students: Disparities Across Institutions, Majors, and Achievement Levels," Research in Higher Education, Springer;Association for Institutional Research, vol. 60(5), pages 577-605, August.
    19. Ronald A. Hummons, 2023. "State of Emergency on Childhood Trauma," International Journal of Sciences, Office ijSciences, vol. 12(03), pages 1-27, March.
    20. Gordon Winston & David Zimmerman, 2004. "Peer Effects in Higher Education," NBER Chapters, in: College Choices: The Economics of Where to Go, When to Go, and How to Pay For It, pages 395-424, National Bureau of Economic Research, Inc.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:sae:ilrrev:v:73:y:2020:i:2:p:456-478. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: SAGE Publications (email available below). General contact details of provider: http://www.ilr.cornell.edu .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.