Third-party conflict management, particularly legal dispute resolution (arbitration and adjudication) and mediation, can help improve the willingness of disputants to make asymmetric concessions by ameliorating commitment problems and providing political cover. In both regards, and especially pertaining to commitment problems, mediation has substantial limitations when compared to legal dispute...

This theory testing study investigates the decision-making of the member states in the Dispute Settlement Body of the WTO, using a game theoretical approach. Game theory has its origins in political philosophy and can thus be valuable when analysing the behaviour of states in international regimes. Through using the specific game theory model Stag Hunt, this study aims to examine if such a mode...

This article examines the features and effectiveness of 11 ‘private dispute resolution arrangements’ (PDRAs) established by employers unions in Ireland since early 2000s to resolve collective disputes within organizations. These PDRAs are groundbreaking redrawing rules aligning internal with services provided external state agencies. The extends boundaries our knowledge alternative (ADR) highli...

The effect of courts arises through process and precedent. First, the process of selecting cases to escalate in the legal venue reveals information about the preferences of defendant and complainant. A third party arbitrator and multilateral membership adds international obligation and reputation as new leverage for compliance. Second, a formal dispute mechanism may have broader impact if the a...

There is an overall legitimacy crisis in courts. The sources of this crisis have, to a large extent, been misconstrued. While there has been significant writing depicting the diminished quality, effectiveness, and fairness of courts, these phenomena have, for the most part, been viewed as distinct problems that warrant discrete solutions. This article shows that these problems are all manifesta...

OBJECTIVE Medical disputes between physicians and patients can occur in non-negligent circumstances and may even result in compensation. We reviewed medical dispute cases to investigate the impact of miscommunication, especially in non-negligent situations. DESIGN Systematic review of medical dispute records was done to identify the presence of the adverse events, the type of medical error, p...

This study uses quantitative analyses of the complete history of rulings made by the Panels and the Appellate Body of the World Trade Organisation’s Dispute Settlement Mechanism in order to assess the robustness of theories regarding the decision-making of these institutions, as well as to explore the potential for such studies of the WTO at this early stage of its development. Regression analy...