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The Mediation Of Variance Conflicts: An Empirical Evaluation

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  • Duke, Joshua M.
  • Jost, Ryan P.

Abstract

Since 1982, the New Castle County Superior Court in Delaware has promoted mediation, which attempts to resolve filed conflicts prior to trial. This paper evaluates how spatial land-use conflicts channel through mediation and litigation. Data suggest that mediations fail because one of the key disputing parties does not play a direct role in mediation and litigation. The data then inform a predictive model of litigated outcomes in which disputants share in the responsibility for conflict. By alleviating some of the uncertainty of litigation and proposing win-win, mediated outcomes, the model may be used facilitate future mediations.

Suggested Citation

  • Duke, Joshua M. & Jost, Ryan P., 2000. "The Mediation Of Variance Conflicts: An Empirical Evaluation," Staff Papers 15833, University of Delaware, Department of Food and Resource Economics.
    • Handle: RePEc:ags:udelsp:15833
    DOI: 10.22004/ag.econ.15833
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    References listed on IDEAS

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    1. Shavell, Steven, 1997. "The Fundamental Divergence between the Private and the Social Motive to Use the Legal System," The Journal of Legal Studies, University of Chicago Press, vol. 26(2), pages 575-612, June.
    2. R. H. Coase, 2013. "The Problem of Social Cost," Journal of Law and Economics, University of Chicago Press, vol. 56(4), pages 837-877.
    3. repec:ucp:bkecon:9780226450889 is not listed on IDEAS
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    Keywords

    Land Economics/Use;

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