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Non-Arbitration Variations

Non-Arbitration Variations. Class 1. Administration. Give quiz Return quizzes at end Collect critiques Return critiques at end Final Exam - Everybody needs to be sure which quizzes they missed Final exam quiz strategy. Review. There are problems in the use of arbitration

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Non-Arbitration Variations

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  1. Non-Arbitration Variations Class 1

  2. Administration • Give quiz • Return quizzes at end • Collect critiques • Return critiques at end • Final Exam - Everybody needs to be sure which quizzes they missed • Final exam quiz strategy

  3. Review • There are problems in the use of arbitration • FOA, Repeated Offer Selection and Cost-Formula Arbitration are all techniques designed to address those problems and there are others • But these all have problems of their own

  4. Today • Why Non-Arbitration Variations • Divide and Choose techniques

  5. I. Why Non-Arbitration Variations? • What do all the arbitration variations share? In terms of the three criteria? • Someone else makes the decision if the parties can’t • This fact impacts all of the prior negotiations • Is there a way to encourage the disputants to make their own decisions • Remove the third party entirely

  6. II. Divide and Choose • Children’s variation • Trivial in case of single dimension • ice cream • Only one set of interests here and they overlap, more of the ice cream • Suppose there are two dimensions, vanilla and chocolate • Suppose there are even more dimensions? • What happens then? • What role do you prefer to play?

  7. II. Divide and choose • The business dissolution problem • The issue • How can this be resolved using a divide and choose technique?

  8. II. Divide and Choose • How can this technique be used in a marital dissolution situation? • Would you include child custody issues in the divide and choose procedure? Why or why not?

  9. Next Time • Technique based on the strike but no one stops working

  10. Non-Arbitration Variations Class 2

  11. Administrative • Return quizzes • Return critiques • Reminder – final exam 9:00 AM, Monday May 12 • I have grade book with me today

  12. Review • Divide and choose technique • Depends on problem having multiple dimensions so interests are not the same • Can be used to resolve some business and personal disputes

  13. Today • Virtual Strike – Definition • Virtual Strike – Issues and Variations • A variation for commercial disputes • Auctions

  14. I. Virtual Strike - Definition • Other names • Statutory Strike • Non-stoppage Strike • Similar in Concept to Cost-Formula Arbitration • Also similar to collective bargaining with strikes • Replace strike costs with financial costs • Example

  15. II. Virtual Strikes – Issues and Variations • What happens to the extra money? • What happens if some employees don’t want to strike? • Can the percentage of wage cost be altered and by whom?

  16. III. A Variation for Commercial Disputes • How could this be modified for a commercial dispute (e.g. one company claims another provided defective goods)? • Would companies be likely to agree to this? Why or why not?

  17. IV. Auctions • What is the interest and what is the strategy of the bidder in an auction? • What is the interest and what is the strategy of the seller? • Is there a better way for both?

  18. Next Time • Conclusions • Discussion of final exam

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