# Non-Arbitration Variations - PowerPoint PPT Presentation

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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

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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