Non-Arbitration Variations

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# Non-Arbitration Variations - PowerPoint PPT Presentation

Non-Arbitration Variations. Class 1. Administration. Give quiz Return quizzes at end Collect critiques Return critiques at end Final Exam - Everybody needs to be sure which quizzes they missed Final exam quiz strategy. Review. There are problems in the use of arbitration

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### Non-Arbitration Variations

Class 1

• Give quiz
• Return quizzes at end
• Collect critiques
• Return critiques at end
• Final Exam - Everybody needs to be sure which quizzes they missed
• Final exam quiz strategy
Review
• There are problems in the use of arbitration
• FOA, Repeated Offer Selection and Cost-Formula Arbitration are all techniques designed to address those problems and there are others
• But these all have problems of their own
Today
• Why Non-Arbitration Variations
• Divide and Choose techniques
I. Why Non-Arbitration Variations?
• What do all the arbitration variations share? In terms of the three criteria?
• Someone else makes the decision if the parties can’t
• This fact impacts all of the prior negotiations
• Is there a way to encourage the disputants to make their own decisions
• Remove the third party entirely
II. Divide and Choose
• Children’s variation
• Trivial in case of single dimension
• ice cream
• Only one set of interests here and they overlap, more of the ice cream
• Suppose there are two dimensions, vanilla and chocolate
• Suppose there are even more dimensions?
• What happens then?
• What role do you prefer to play?
II. Divide and choose
• The issue
• How can this be resolved using a divide and choose technique?
II. Divide and Choose
• How can this technique be used in a marital dissolution situation?
• Would you include child custody issues in the divide and choose procedure? Why or why not?
Next Time
• Technique based on the strike but no one stops working

### Non-Arbitration Variations

Class 2

• Return quizzes
• Return critiques
• Reminder – final exam 9:00 AM, Monday May 12
• I have grade book with me today
Review
• Divide and choose technique
• Depends on problem having multiple dimensions so interests are not the same
• Can be used to resolve some business and personal disputes
Today
• Virtual Strike – Definition
• Virtual Strike – Issues and Variations
• A variation for commercial disputes
• Auctions
I. Virtual Strike - Definition
• Other names
• Statutory Strike
• Non-stoppage Strike
• Similar in Concept to Cost-Formula Arbitration
• Also similar to collective bargaining with strikes
• Replace strike costs with financial costs
• Example
II. Virtual Strikes – Issues and Variations
• What happens to the extra money?
• What happens if some employees don’t want to strike?
• Can the percentage of wage cost be altered and by whom?
III. A Variation for Commercial Disputes
• How could this be modified for a commercial dispute (e.g. one company claims another provided defective goods)?
• Would companies be likely to agree to this? Why or why not?
IV. Auctions
• What is the interest and what is the strategy of the bidder in an auction?
• What is the interest and what is the strategy of the seller?
• Is there a better way for both?
Next Time
• Conclusions
• Discussion of final exam