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Thinking Of Mediation As A Complex Adaptive System, J.B. Ruhl
Thinking Of Mediation As A Complex Adaptive System, J.B. Ruhl
Vanderbilt Law School Faculty Publications
This article uses my work on complex adaptive systems to think about how litigation and mediation differ in terms of adaptive qualities, suggesting that mediation is indeed a more adaptive mode of dispute resolution in certain contexts.
Product Liability Litigation With Risk Averson, W. Kip Viscusi
Product Liability Litigation With Risk Averson, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
The recent law and economics literature has directed much energy toward identifying the various factors that determine whether parties will litigate or settle accident claims.' The substantive interest in this area rests in large measure on the obvious element of conflict in all these cases: the plaintiff is trying to obtain reimbursement for his losses from the defendant, which the defendant wishes to avoid paying. The strategic structure of their interaction is quite complex because the outcomes of bringing claims are heavily influenced by the costs, usually substantial, of both bargaining and litigating. The game between plaintiff and defendant is …