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Empirical Models of Arbitrator Behavior under Conventional Arbitration

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  • Bloom, David E

Abstract

Analysis of a new set of data indicates that conventional arbi trators tend to mechanically compromise between the parties' final offers with v irtually no evidence of systematic reference to the facts of the cases. However, since there is a substantial amount of unexplained variance in the arbitrators' decisions, this evidence of mechanical compromise behavior should be viewed as characterizing theoverall operation of conventional arbitration mechanisms and not the behavior of individual arbitrators in any particular case. Indeed, the r esults are consistent with the view that individual arbitratorspay close attent ion to the facts of the cases, but that there is considerable variation in the s tructure of different arbitrators' preference functions. Copyright 1986 by MIT Press.

Suggested Citation

  • Bloom, David E, 1986. "Empirical Models of Arbitrator Behavior under Conventional Arbitration," The Review of Economics and Statistics, MIT Press, vol. 68(4), pages 578-585, November.
  • Handle: RePEc:tpr:restat:v:68:y:1986:i:4:p:578-85
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    References listed on IDEAS

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    1. Orley Ashenfelter, 1985. "Evidence on US Experiences with Dispute Resolution Systems," Working Papers 565, Princeton University, Department of Economics, Industrial Relations Section..
    2. Farber, Henry S & Bazerman, Max H, 1986. "The General Basis of Arbitrator Behavior: An Empirical Analysis of Conventional and Final-Offer Arbitration," Econometrica, Econometric Society, vol. 54(6), pages 1503-1528, November.
    3. Max H. Bazerman, 1985. "Norms of Distributive Justice in Interest Arbitration," ILR Review, Cornell University, ILR School, vol. 38(4), pages 558-570, July.
    4. Farber, Henry S & Bazerman, Max H, 1986. "The General Basis of Arbitrator Behavior: An Empirical Analysis of Conventional and Final-Offer Arbitration," Econometrica, Econometric Society, vol. 54(4), pages 819-844, July.
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    Cited by:

    1. James Andreoni & B. Douglas Bernheim, 2009. "Social Image and the 50-50 Norm: A Theoretical and Experimental Analysis of Audience Effects," Econometrica, Econometric Society, vol. 77(5), pages 1607-1636, September.
    2. James J. Murphy & Ariel Dinar & Richard E. Howitt & Erin Mastrangelo & Stephen J. Rassenti & Vernon L. Smith, 2006. "Mechanisms for Addressing Third-Party Impacts Resulting From Voluntary Water Transfers," Chapters,in: Using Experimental Methods in Environmental and Resource Economics, chapter 5 Edward Elgar Publishing.
    3. Gabuthy, Yannick & Jacquemet, Nicolas & Marchand, Nadège, 2008. "Does resorting to online dispute resolution promote agreements? Experimental evidence," European Economic Review, Elsevier, vol. 52(2), pages 259-282, February.
    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 for the Study of Labor (IZA).
    5. María Mercedes Adamuz & Clara Ponsatí, 2009. "Arbitration systems and negotiations," Review of Economic Design, Springer;Society for Economic Design, vol. 13(3), pages 279-303, September.
    6. Sigbjørn Birkeland, 2013. "Negotiation under Possible Third-Party Resolution," Journal of Law and Economics, University of Chicago Press, vol. 56(2), pages 281-299.
    7. Gibbons, Robert, 1988. "Learning in Equilibrium Models of Arbitration," American Economic Review, American Economic Association, vol. 78(5), pages 896-912, December.
    8. Ashenfelter, O. & Bloom, D., 1990. "Lawyers As Agents Of The Devil In A Prisoner'S Dilemma Game," Papers 57, Princeton, Woodrow Wilson School - Discussion Paper.
    9. Nathalie Chappe, 2001. "L'analyse économique d'un mode de résolution des litiges : l'arbitrage," Revue Française d'Économie, Programme National Persée, vol. 15(4), pages 187-208.
    10. Henry S. Farber & Max H. Bazerman, 1987. "Divergent Expectations as a Cause of Disagreement in Bargaining: Evidence from a Comparison of Arbitration Schemes."," NBER Working Papers 2139, National Bureau of Economic Research, Inc.
    11. Janet Currie, 1991. "Rules, Coordination and Manipulability Among Arbitrators," NBER Working Papers 3821, National Bureau of Economic Research, Inc.
    12. Armstrong, Michael J. & Hurley, W. J., 2002. "Arbitration using the closest offer principle of arbitrator behavior," Mathematical Social Sciences, Elsevier, vol. 43(1), pages 19-26, January.
    13. Janet Currie, 1989. "Wages and Arbitrator Behavior," UCLA Economics Working Papers 562, UCLA Department of Economics.

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