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Full-Text Articles in Law
The Impact Of Case And Arbitrator Characteristics On Employment Arbitration Outcomes, Alexander Colvin, Kelly Pike
The Impact Of Case And Arbitrator Characteristics On Employment Arbitration Outcomes, Alexander Colvin, Kelly Pike
Alexander Colvin
[Excerpt] A major development in systems for the enforcement of individual employment rights is the use of alternative dispute resolution (ADR) procedures to resolve claims by employees. At their best, ADR procedures may hold the potential for greater accessibility by employees to enforcement of substantive employment rights, while avoiding burdens of excessive costs for the public and employers in processing claims. On the other hand, ADR procedures, particularly mandatory employment arbitration procedures, have also been criticized for producing the privatization of justice and denial of effective enforcement of employee rights. In this paper, we present the results of a new …
Making Peace And Making Money: Economic Analysis Of The Market For Mediators In Private Practice, Urska Velikonja
Making Peace And Making Money: Economic Analysis Of The Market For Mediators In Private Practice, Urska Velikonja
Urska Velikonja
Mediation has grown tremendously in the last three decades, yet only a small number of mediators have been able to benefit financially from its growth. The supply of willing mediators by far exceeds the demand for their services. Mediator trainee overoptimism and the lack of formal barriers to entry result in excess entry in the market for mediators. However, the lack of a formal barrier, but the existence of de facto barriers to entry, such as mediator selection practices and specialization, combined with excessive individual optimism, creates inefficiently high levels of entry. This is socially suboptimal: many aspirant mediators spend …