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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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administration
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
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
Today
  • Why Non-Arbitration Variations
  • Divide and Choose techniques
i why non arbitration variations
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
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 choose1
II. Divide and choose
  • The business dissolution problem
  • The issue
  • How can this be resolved using a divide and choose technique?
ii divide and choose2
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
Next Time
  • Technique based on the strike but no one stops working
administrative
Administrative
  • Return quizzes
  • Return critiques
  • Reminder – final exam 9:00 AM, Monday May 12
  • I have grade book with me today
review1
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
today1
Today
  • Virtual Strike – Definition
  • Virtual Strike – Issues and Variations
  • A variation for commercial disputes
  • Auctions
i virtual strike definition
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
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
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
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 time1
Next Time
  • Conclusions
  • Discussion of final exam
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