We study the optimal design of alternative dispute resolution (ADR) mechanisms by a third-party mediator. ADR takes place before two litigants face each other in court. Litigation is a legal contest with players who are privately informed about the cost of collecting admissible evidence. Players...

Case law discussions in sport management scholarship and pedagogy frequently focus exclusively on one primary topic area. Thus, a case serves as a textbook example of a specific legal theory and management practice points. Occasionally, a multi-faceted case allows for an elaborate, comprehensive...

An important set of contract terms manages potential disputes. In a detailed, hand-coded sample of mergers and acquisition (M&A) contracts from 2007 and 2008, dispute management provisions in correlate strongly with target ownership, state of incorporation, and industry, and with the experience...

This article uses economic categories to show how the reorganization of civil procedure in the case of class action is not merely aimed at providing a more efficient litigation technology, as hierarchies (and company law) might do for other productive activities, but that it also serves to...

Courts prevent conflict by requiring power to be exercised in a principled way. This paper discusses the implications of courts systems moving from a monopoly of power by nation states to emerging private court systems

This paper discusses the effect that cost shifting has on how parties use court processes for resolving disputes. This is related to policies that pass a party's costs to a neutral such as an insurer or a lawyer.. This leads to some conclusions about how the cost to parties of access to courts...

Mechanisms of consensual dispute resolution have existed within living memory. Recently they are gaining new steam as the European Union has issued and is proposing several regulations to advance the use of consensual conflict resolution. This article deals with various patterns of...

We examine settings - such as litigation, labor relations, or arming and war - in which players first make non-contractible up-front investments to improve their bargaining position and gain advantage for possible future conflict. Bargaining is efficient ex post, but we show that a player may...

With an internet-based platform to transparently report global business-to-business (B2B) dealings, companies could freely invest and transact. Part I also explores eBay's secrets of success, complete with a detailed examination of its feedback and rating systems to find what tools can be...

In criminal law, when a conflict is solved by plea bargaining, the negotiation is mainly made between the prosecutor and the lawyer. Adopting a complete information framework about his type (selfish or altruistic), this paper compares two lawyer payment systems: flat fees and hourly-wage fees....