Promoting Mediation in Property Rights Conflicts
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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- 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.
- 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.
- 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.
- Lucian Arye Bebchuk, 1984. "Litigation and Settlement under Imperfect Information," RAND Journal of Economics, The RAND Corporation, vol. 15(3), pages 404-415, Autumn.
- Dahlman, Carl J, 1979. "The Problem of Externality," Journal of Law and Economics, University of Chicago Press, vol. 22(1), pages 141-162, April.
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