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Pre-litigation Mediation as a Privacy Policy: Exploring the Interaction of Economics and Privacy


  • Costello, Thomas J (TJ)


Pre-litigation mediation is a perfect example of the economic trade-offs that exist in privacy policy. In pre-litigation mediation, costs and confidentiality work independently. However, there is a precarious balance that exists where, if either confidentiality or cost became less effective the entire mediation process might be damaged.

Suggested Citation

  • Costello, Thomas J (TJ), 2004. "Pre-litigation Mediation as a Privacy Policy: Exploring the Interaction of Economics and Privacy," MPRA Paper 33606, University Library of Munich, Germany.
  • Handle: RePEc:pra:mprapa:33606

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    References listed on IDEAS

    1. Fred Cate, 2001. "Privacy in Perspective," Books, American Enterprise Institute, number 53118.
    2. Bruce H. Kobayashi, 2002. "Privacy and the Commercial Use of Personal Information, by Rubin, P. H. and Lenard, T. M. Boston: Kluwer Academic Publishers, 2002, xxiii + 100 pp., USD 75.00; GBP 52.00 (cloth)," Managerial and Decision Economics, John Wiley & Sons, Ltd., vol. 23(8), pages 488-490.
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    More about this item


    mediation; confidentiality; privacy; prelitigation; prelitigation mediation;

    JEL classification:

    • O17 - Economic Development, Innovation, Technological Change, and Growth - - Economic Development - - - Formal and Informal Sectors; Shadow Economy; Institutional Arrangements
    • J52 - Labor and Demographic Economics - - Labor-Management Relations, Trade Unions, and Collective Bargaining - - - Dispute Resolution: Strikes, Arbitration, and Mediation
    • K31 - Law and Economics - - Other Substantive Areas of Law - - - Labor Law
    • K4 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior


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