{"title":"Does Arbitration Blossom When State Courts are Bad?","authors":"S. Voigt","doi":"10.2139/ssrn.1325479","DOIUrl":"https://doi.org/10.2139/ssrn.1325479","url":null,"abstract":"It is often conjectured that non-state dispute resolution blossoms when state courts are not independent or are perceived as low-quality courts. This conjecture implies a substitutive relationship between state and non-state dispute resolution. An alternative hypothesis argues that both the quality and the frequency of use of these two alternative mechanisms are complementary: societies with high-quality state courts would also be able to provide high-quality non-state dispute resolution. This is the first study that puts these hypotheses to an empirical test. It turns out that the lower the perceived quality of state courts, the less frequently conflicting firms resort to them. Second, firms in common-law countries turn away from state courts significantly more often than firms in civil-law countries. This result sheds doubt on the robustness of results generated within the legal traditions literature. Finally, in states that have created the preconditions for arbitration, businesspeople resort significantly more often to state courts. We interpret this as evidence in favor of the complementarity hypothesis.","PeriodicalId":243053,"journal":{"name":"Third-Party Intervention","volume":"227 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-01-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115556711","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Third-Party Intervention in Workplace Conflict: The Impact of Culture and Gender","authors":"E. Giebels, Huadong Yang","doi":"10.2139/ssrn.729185","DOIUrl":"https://doi.org/10.2139/ssrn.729185","url":null,"abstract":"This study examines the impact of culture and gender on perceptions of conflict in general, and third-party intervention in particular. We theorized that third-party help may concern four different types of interventions: procedural interventions, substantive interventions, social-emotional interventions, and relational interventions. Using a scenario study on a group of Chinese and Dutch employees and students (n = 164) exploratory factor analysis on 14 potential third-party interventions confirmed this four-part typology. Further analyses on the Dutch (n = 36) and Chinese (n = 35) sub sample of bank employees showed that, as expected, Hong Kong Chinese rather than Dutch employees and female rather than male employees seem to suffer from conflict stress. Furthermore, while a social-emotional function was most preferred by Dutch respondents and relational third-party intervention by Hong Kong Chinese respondents, these effects were both qualified by the respondents' gender. That is, particularly Hong Kong Chinese men preferred relational third-party help highest and social-emotional help lowest. We found some evidence to support our expectation that this effect might be mediated by the parties' interdependent self construal. When involved in workplace conflict, third parties might incorporate these differential preferences in the strategy they choose.","PeriodicalId":243053,"journal":{"name":"Third-Party Intervention","volume":"73 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132312289","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Partisan Misperceptions and Conflict Escalation: Survey Evidence from a Tribal/Local Government Conflict","authors":"Keith G. Allred, Kessely Hong, J. Kalt","doi":"10.2139/ssrn.304586","DOIUrl":"https://doi.org/10.2139/ssrn.304586","url":null,"abstract":"Prior research demonstrates that partisans to a conflict tend to have an exaggerated sense of the extremism of their opponents' opinions regarding the issues under dispute. In this study, we examine an ongoing conflict between the Nez Perce Tribe and local non-Tribal governments that operate within the boundaries of the Nez Perce Reservation. This survey is different from previous research in two important ways. First, we distinguish between the officials and constituents on each side of the conflict. Second, compared to other conflicts studied, the current conflict has greater personal relevance for those surveyed. The conflict in question is not about abstract policies or third parties, but rather about specific potential actions that directly benefit one side at the other side's expense. An affinity for actions that benefit one's own side to the other side's harm we call \"offensiveness\" and an antipathy toward actions that harm one's own side to the other side's benefit we call \"defensiveness.\" The results indicated that participants themselves were more defensive than offensive. However, participants consistently exaggerated the offensiveness of the other side's officials, but not the other side's constituents. Participants tend to underestimate the defensiveness of the other side for both officials and constituents.","PeriodicalId":243053,"journal":{"name":"Third-Party Intervention","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2002-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114842512","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Inter State Water Disputes in India: Institutions and Policies","authors":"Alan R. Richards, Nirvikar Singh","doi":"10.2139/ssrn.289997","DOIUrl":"https://doi.org/10.2139/ssrn.289997","url":null,"abstract":"In this paper we argue that Indian water-dispute settlement mechanisms are ambiguous and opaque. We distinguish analytically between situations where cooperation is possible, and situations of pure conflict, where the initial allocation of rights is at stake. In the latter case, a search for a negotiated solution may be futile, and quick movement to arbitration or adjudication may be more efficient. However, in India, the process is slow, and effectively binding arbitration does not exist. The entanglement of inter-state water disputes with more general center- state conflicts and political issues compounds problems. We argue that these impacts can be reduced by a more efficient design of mechanisms for negotiating inter-state water disputes: some of the possibilities include a national water commission independent of daily political pressures, a federated structure incorporating river basin authorities and water user associations, and fixed time periods for negotiation and adjudication.","PeriodicalId":243053,"journal":{"name":"Third-Party Intervention","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2001-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121133722","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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