Managing a conflict: optimal alternative dispute resolution
研究了最优替代性争议解决(ADR)方法,该方法旨在促成和解并避免昂贵的对抗性听证,参与自愿且当事人私下掌握证据提供成本信息,最优ADR能降低支出并实现事前公平。
Abstract We study optimal methods for Alternative Dispute Resolution (ADR), a technique to achieve settlement and avoid costly adversarial hearings. Participation is voluntary. Disputants are privately informed about their marginal cost of evidence provision. If ADR fails to engender settlement, the disputants can use the information obtained during ADR to determine what evidence to provide in an adversarial hearing. Optimal ADR induces an asymmetric information structure but makes the learning report‐independent. It is ex ante fair and decreases the disputants' expenditures, even if they fail to settle. We highlight the importance of real‐world mediation techniques, such as caucusing, for implementing optimal ADR.