Inside the Caucus: An Empirical Analysis of Mediation from Within
@article{Klerman2015InsideTC, title={Inside the Caucus: An Empirical Analysis of Mediation from Within}, author={Daniel Klerman and Lisa Klerman}, journal={Experimental \& Empirical Studies eJournal}, year={2015} }
This article provides a glimpse into the worlds of mediation and settlement negotiation. Because they are almost always private, there has been relatively little empirical analysis of the dynamics of settlement or mediation. This article analyzes a unique data set derived from a mediator's contemporaneous notes of mediations involving employment disputes, such as claims of discrimination or wrongful termination. Although the data set includes more than 400 cases, since they were all mediated by…
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References
SHOWING 1-10 OF 10 REFERENCES
An Empirical Investigation of Settlement and Litigation - The Case of Taiwanese Labor Disputes
- Economics
- 2010
Using newly collected data on labor disputes in Taiwan, we study the characteristics of cases settled out of court, cases dropped after settlement fails, and cases actually brought to court. We find…
Mediation Success: An Empirical Analysis
- Law
- 1996
Increasingly, lawyers seem to be exploring a range of alternative dispute resolution ("ADR") processes aimed at settling controversies without the courts and without binding arbitration. 1 The range…
The effectiveness of mediation: An independent analysis of cases handled by four major service providers
- Medicine
- 1996
A study of 449 cases administered by four major providers of ADR services showed that mediation was capable of settling 78 percent of cases, regardless of whether the parties had been sent to…
Economic Analysis of Law
- Economics, Law
- 1999
This entry for the forthcoming The New Palgrave Dictionary of Economics (Second Edition) surveys the economic analysis of five primary fields of law: property law; liability for accidents; contract…
Following the Script: An Empirical Analysis of Court-Ordered Mediation of Medical Malpractice Cases
- Psychology
- 2007
See Table 5. 14 CELA is the California Employment Lawyers Association
settlement rate "not affected by whether the case went to mediation voluntarily or not"). For more of the literature on court-ordered mediation and its success rate
- 12 Negotiation Journal
- 1996
20% settled and 9% partially settled. Overall settlement rate in mediated settlement conferences recorded by the North Carolina Administrative Office of the Courts was
- J. Disp. Resol
- 2007
survey of construction industry mediations found 57.4% settlements and 8.4% partial settlements
- Ohio State J. Disp. Resol
- 1996