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An experimental comparison of conventional and final offer arbitration

Author

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  • Dorobiala, Zachary
  • Pecorino, Paul
  • Van Boening, Mark

Abstract

Under conventional arbitration (CA), the arbitrator imposes her preferred settlement on the bargaining parties, should a dispute occur. Under final offer arbitration (FOA), the arbitrator chooses one of two proposals submitted by the parties to the dispute. Settlement negotiations can occur before proposal submission (FOAB) or after proposal submission (FOAA). The experimental literature has found lower dispute rates in CA compared to FOAB. These experiments typically feature symmetric information while the theoretical literature emphasizes asymmetric information as a cause of disputes. We analyze arbitration in a screening model under which the recipient of the settlement offer is the informed party. We find similar dispute rates in FOAA and CA, with the point estimate of FOAA being 4 percentage points lower. This contrasts with previous results which suggest a systematic advantage for CA over FOA. By contrast, FOAB has a dispute rate which is 19 percentage points higher than FOAA.

Suggested Citation

  • Dorobiala, Zachary & Pecorino, Paul & Van Boening, Mark, 2026. "An experimental comparison of conventional and final offer arbitration," Journal of Economic Behavior & Organization, Elsevier, vol. 245(C).
  • Handle: RePEc:eee:jeborg:v:245:y:2026:i:c:s0167268126000946
    DOI: 10.1016/j.jebo.2026.107508
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    Keywords

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    JEL classification:

    • J52 - Labor and Demographic Economics - - Labor-Management Relations, Trade Unions, and Collective Bargaining - - - Dispute Resolution: Strikes, Arbitration, and Mediation
    • D82 - Microeconomics - - Information, Knowledge, and Uncertainty - - - Asymmetric and Private Information; Mechanism Design
    • C91 - Mathematical and Quantitative Methods - - Design of Experiments - - - Laboratory, Individual Behavior

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