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Mediation: economic concepts and some examples of rational framework for legal professionals

Author

Listed:
  • Antonio Cappiello

Abstract

Mediation, as alternative dispute resolution, is an important option for policy makers to alleviate the judicial burden and allowing both parties more freedom in the agreement for the solution of the conflict. The customization of the output according to the claimants� specific needs and wills can therefore maximize the satisfaction of both parties beyond the legal constraints of a judicial decision. We will underline the importance of establishing a common rational framework as a reference for analysing the positions taken by the parties. This approach is useful to solve litigation and/or facilitating mediation but is also a good way to argument a position when discussing some assumptions in any kind of reasoning.

Suggested Citation

  • Antonio Cappiello, 2018. "Mediation: economic concepts and some examples of rational framework for legal professionals," RIEDS - Rivista Italiana di Economia, Demografia e Statistica - The Italian Journal of Economic, Demographic and Statistical Studies, SIEDS Societa' Italiana di Economia Demografia e Statistica, vol. 72(2), pages 149-158, April-Jun.
  • Handle: RePEc:ite:iteeco:180207
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    More about this item

    Keywords

    Mediation; decision-making; expected value; probability model; risks; game theory; risk assessment; utility function; betting; learning from failure; notaries; legal professions; lawyers.;
    All these keywords.

    JEL classification:

    • A11 - General Economics and Teaching - - General Economics - - - Role of Economics; Role of Economists
    • A12 - General Economics and Teaching - - General Economics - - - Relation of Economics to Other Disciplines
    • A13 - General Economics and Teaching - - General Economics - - - Relation of Economics to Social Values
    • A14 - General Economics and Teaching - - General Economics - - - Sociology of Economics
    • B00 - Schools of Economic Thought and Methodology - - General - - - History of Economic Thought, Methodology, and Heterodox Approaches
    • B31 - Schools of Economic Thought and Methodology - - History of Economic Thought: Individuals - - - Individuals
    • B40 - Schools of Economic Thought and Methodology - - Economic Methodology - - - General
    • C10 - Mathematical and Quantitative Methods - - Econometric and Statistical Methods and Methodology: General - - - General
    • C13 - Mathematical and Quantitative Methods - - Econometric and Statistical Methods and Methodology: General - - - Estimation: General
    • C53 - Mathematical and Quantitative Methods - - Econometric Modeling - - - Forecasting and Prediction Models; Simulation Methods
    • C69 - Mathematical and Quantitative Methods - - Mathematical Methods; Programming Models; Mathematical and Simulation Modeling - - - Other
    • C70 - Mathematical and Quantitative Methods - - Game Theory and Bargaining Theory - - - General
    • D04 - Microeconomics - - General - - - Microeconomic Policy: Formulation; Implementation; Evaluation
    • D89 - Microeconomics - - Information, Knowledge, and Uncertainty - - - Other
    • D90 - Microeconomics - - Micro-Based Behavioral Economics - - - General
    • F02 - International Economics - - General - - - International Economic Order and Integration
    • H11 - Public Economics - - Structure and Scope of Government - - - Structure and Scope of Government
    • I00 - Health, Education, and Welfare - - General - - - General
    • I28 - Health, Education, and Welfare - - Education - - - Government Policy
    • J10 - Labor and Demographic Economics - - Demographic Economics - - - General
    • N00 - Economic History - - General - - - General
    • N13 - Economic History - - Macroeconomics and Monetary Economics; Industrial Structure; Growth; Fluctuations - - - Europe: Pre-1913
    • N14 - Economic History - - Macroeconomics and Monetary Economics; Industrial Structure; Growth; Fluctuations - - - Europe: 1913-
    • N10 - Economic History - - Macroeconomics and Monetary Economics; Industrial Structure; Growth; Fluctuations - - - General, International, or Comparative
    • N43 - Economic History - - Government, War, Law, International Relations, and Regulation - - - Europe: Pre-1913
    • N44 - Economic History - - Government, War, Law, International Relations, and Regulation - - - Europe: 1913-
    • Z00 - Other Special Topics - - General - - - General
    • Z10 - Other Special Topics - - Cultural Economics - - - General

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