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. repec:ilr:articl:v:40:y:1987:i:4:p:543-555 is not listed on IDEAS
    4. 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).
    5. 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.
    6. 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.
    7. Orley Ashenfelter & David Bloom, 1990. "Lawyers as Agents of the Devil in a Prisoner's Dilemma Game," Working Papers 650, Princeton University, Department of Economics, Industrial Relations Section..
    8. Orley Ashenfelter & David E. Bloom & Gordon B. Dahl, 2013. "Lawyers as Agents of the Devil in a Prisoner's Dilemma Game," Working Papers 1451, Princeton University, Department of Economics, Industrial Relations Section..
    9. repec:pri:indrel:574.pdf is not listed on IDEAS
    10. 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.
    11. 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.
    12. 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)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Shilin Zhang & Guilan Yu & Yong Qu & Lifang Chen, 2024. "Explaining Enterprise Litigation Success with fsQCA: The Role of Local Economic Environment, Policy Preferences, Case Complexity, and Party Capability," SAGE Open, , vol. 14(2), pages 21582440241, May.

    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. 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.
    3. Juranek, Steffen, 2018. "Investing in legal advice," Information Economics and Policy, Elsevier, vol. 44(C), pages 28-46.
    4. Martin Halla, 2007. "Divorce and the Excess Burden of Lawyers," Economics working papers 2007-13, Department of Economics, Johannes Kepler University Linz, Austria.
    5. Hagmann, David & Feiler, Daniel, 2020. "The Agent-Selection Dilemma in Distributive Bargaining," OSF Preprints y6tq2, Center for Open Science.
    6. Henry S. Farber & Michelle J. White, 1993. "A Comparison of Formal and Informal Dispute Resolution in Medical Malpractice," NBER Working Papers 4371, National Bureau of Economic Research, Inc.
    7. Jean Olson Lanjouw, 1993. "Patent Protection: Of What Value and for How Long?," NBER Working Papers 4475, National Bureau of Economic Research, Inc.
    8. Jack Hirshleifer & Evan Osborne, 1996. "The Legal Battle," UCLA Economics Working Papers 749, UCLA Department of Economics.
    9. 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.
    10. Robert H. Frank & Philip J. Cook, 2013. "Winner-Take-All Markets," Studies in Microeconomics, , vol. 1(2), pages 131-154, December.
    11. Bruce D. Meyer, 1992. "Policy Lessons from the U.S. Unemployment Experiments," NBER Working Papers 4197, National Bureau of Economic Research, Inc.
    12. Robert M. Hutchens, "undated". "A Path to Good Jobs? Unemployment and Low Wages: The Distribution of Opportunity for Young Unskilled Workers," Economics Public Policy Brief Archive 11, Levy Economics Institute.
    13. Jack Hirshleifer & Evan Osborne, 1999. "Truth and the Legal Battle," UCLA Economics Working Papers 790, UCLA Department of Economics.
    14. Dr Ronald W. McQuaid, 1994. "Partnerships And Urban Economic Development," Working Paper p13, Departement of Economics, Napier University.
    15. Orley Ashenfelter & David E. Bloom & Gordon B. Dahl, 2013. "Lawyers as Agents of the Devil in a Prisoner's Dilemma Game," Working Papers 1451, Princeton University, Department of Economics, Industrial Relations Section..
    16. 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.
    17. 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.
    18. 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.
    19. 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.
    20. 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.

    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.