The number of public policy conflicts has increased sharply in most western democracies, especially in the fields of planning, regional development, and environmental policy. Attempts have been made to find a way out through new forms of negotiation-based conflict resolution. Alternative Dispute Resolution raises high expectations as to its potential for reaching consensual solutions, to be ach...

This study explores the interactions among the claimants for the sovereignty over the Senkaku/ Diaoyu Islands dispute with the intention to find out what is lacking in their communication for a genuinely peaceful and mutually beneficial solution to the multilateral international conflict. Guided by the theory of border institutions and via the research methods of hermeneutics, we found that the...

An essential problem in online forms of alternative dispute resolution is that it is difficult to structure and process the information that is exchanged between negotiating parties. This paper offers a simple scheme according to which users can enter claims and justify them with other claims. Claims can also be conceded, questioned and contradicted. Based on the information that is entered int...

Executive summary The aim of this research was to investigate what the Legal Ombudsman can learn from other Alternative Dispute Resolution (ADR) providers. The research was commissioned by the Legal Ombudsman to help it review and develop its dispute resolution model and ensure it remains fit-for-purpose. The research involved a case study design and fieldwork was conducted with ten organisatio...

In this note we investigate the infringement (entry) decision for a firm facing an incumbent patent holder with uncertain patent rights. The entrant risks a dispute by entering, resulting in either a settlement (licensing) or litigation and trial. Using the litigation model described by Priest and Klein, we investigate the expected dispute resolution and its impacts on the entrant’s pre-dispute...

This paper investigates whether information about generosity or fairness can be useful in reducing dispute costs and enhancing bargaining efficiency. Subjects were first screened using a dictator game, with the allocations chosen used to separate participants into two types. Mutually anonymous pairs of subjects then bargained, with a dispute cost structure imposed. Sorting with identification r...

AIB Insights Vol. 16, No. 1 The negoTiaTion of several mega-TreaTies in 2015, including the Trans-Pacific Partnership (TPP), the Trans-Atlantic Trade and Investment Partnership (TTIP), the EU-Canada Comprehensive Economic and Trade Agreement (CETA), and other regional agreements, has generated substantial public discussion about the protections and privileges afforded to multinational enterpris...

Union-related conflicts, building trade unions jurisdictional disputes in particular, have a long history in the US construction industry since the establishment of the unions. Jurisdictional boundaries constantly change and craft jurisdictional privileges are occasionally encroached. The outcomes of these conflicts and confrontations are pricy because they affect local and regional constructio...