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Promoting Mediation in Property Rights Conflicts

Author

Listed:
  • Joshua M. Duke
  • Ryan P. Jost

Abstract

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.

Suggested Citation

  • Joshua M. Duke & Ryan P. Jost, 2003. "Promoting Mediation in Property Rights Conflicts," Land Economics, University of Wisconsin Press, vol. 79(1), pages 29-37.
  • Handle: RePEc:uwp:landec:v:79:y:2003:i:1:p:29-37
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    References listed on IDEAS

    as
    1. Dahlman, Carl J, 1979. "The Problem of Externality," Journal of Law and Economics, University of Chicago Press, vol. 22(1), pages 141-162, April.
    2. 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 233-259, January.
    3. 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.
    4. Lucian Arye Bebchuk, 1984. "Litigation and Settlement under Imperfect Information," RAND Journal of Economics, The RAND Corporation, vol. 15(3), pages 404-415, Autumn.
    5. 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.
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    More about this item

    JEL classification:

    • K11 - Law and Economics - - Basic Areas of Law - - - Property Law
    • R14 - Urban, Rural, Regional, Real Estate, and Transportation Economics - - General Regional Economics - - - Land Use Patterns

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