Promoting Mediation in Property Rights Conflicts
分析了土地用途冲突的司法解决方式,提出促进调解的方法,通过信号模型预测诉讼成功率,帮助未来争议方在调解中达成一致。
<i>This paper analyzes the judicial resolution of land-use conflicts and then derives a technique to promote mediation of these and other property rights disputes. A simple theory is developed comparing Coasean bargaining over unallocated property rights to nonmarket resolution. The analysis leads to a signaling model of nonmarket resolution, which is estimated empirically using land-use conflict data from New Castle County, Delaware. The model may be used to send future disputants a “signal” of their probability of success in litigation, which may act as a focal point in mediation.</i>