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Promoting Mediation in Property Rights Conflicts

  • Joshua M. Duke
  • Ryan P. Jost

This paper analyzes the judicial resolution of land-use con icts and then derives a technique to promote mediation of these and other property rights disputes. A simple theory is developed comparing Coasean bargaining over unallocated property rights to nonmarket resolution. The analysis leads to a signaling model of nonmarket resolution, which is estimated empirically using land-use con ict data from New Castle County, Delaware. The model may be used to send future disputants a ‘‘signal’ ’ of their probability of success in litigation, which may act as a focal point in mediation.

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File URL: http://le.uwpress.org/cgi/reprint/79/1/29
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Article provided by University of Wisconsin Press in its journal Land Economics.

Volume (Year): 79 (2003)
Issue (Month): 1 ()
Pages: 29-37

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Handle: RePEc:uwp:landec:v:79:y:2003:i:1:p:29-37
Contact details of provider: Web page: http://le.uwpress.org/

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  1. Gary D. Lynne & J. S. Shonkwiler & Michael E. Wilson, 1991. "Water Permitting Behavior under the 1972 Florida Water Resources Act," Land Economics, University of Wisconsin Press, vol. 67(3), pages 340-351.
  2. 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.
  3. Kessler, Daniel & Meites, Thomas & Miller, Geoffrey P, 1996. "Explaining Deviations from the Fifty-Percent Rule: A Multimodal Approach to the Selection of Cases for Litigation," The Journal of Legal Studies, University of Chicago Press, vol. 25(1), pages 233-59, January.
  4. Dahlman, Carl J, 1979. "The Problem of Externality," Journal of Law and Economics, University of Chicago Press, vol. 22(1), pages 141-62, April.
  5. Lucian Arye Bebchuk, 1984. "Litigation and Settlement under Imperfect Information," RAND Journal of Economics, The RAND Corporation, vol. 15(3), pages 404-415, Autumn.
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