Reactions to unjust dismissal and third-party dispute resolution: A justice framework

1992 ◽  
Vol 5 (4) ◽  
pp. 283-307 ◽  
Author(s):  
Stuart A. Youngblood ◽  
Linda Klebe Trevino ◽  
Monica Favia
Keyword(s):  
Dispute Resolution ◽  
Third Party ◽  
Third Party Dispute Resolution

scholarly journals Third-Party Intervention and the Preservation of Bargaining Relationships

ILR Review ◽  
2019 ◽  
Vol 73 (2) ◽  
pp. 498-527
Author(s):  
Bradley R. Weinberg
Keyword(s):  
Dispute Resolution ◽  
Third Party ◽  
Relationship Dissolution ◽  
Dynamic Panel ◽  
Third Party Intervention ◽  
Panel Models ◽  
Collective Agreements ◽  
Lower Likelihood ◽  
Third Party Dispute Resolution ◽  
Dynamic Panel Models

This article uses longitudinal bargaining contract data to examine whether third-party dispute resolution procedures improve the health of bargaining relationships and contribute to their preservation. The author uses survival analysis to assess whether the procedures correlate with the likelihood of relationship dissolution. This analysis shows that earlier procedures in the dispute resolution process, such as conciliation and mediation, are related to a lower likelihood of dissolution than are later ones. The author then uses dynamic panel models to consider whether third-party intervention pushes the parties to settle subsequent collective agreements voluntarily or earlier in the process, but he finds no evidence to this effect.

Third-Party Dispute Resolution in India and the United States1

2008 ◽  
Vol 38 (12) ◽  
pp. 3075-3100 ◽  
Author(s):  
James A. Wall ◽  
Vairam Arunachalam ◽  
Ronda R. Callister
Keyword(s):  
Dispute Resolution ◽  
Third Party ◽  
Third Party Dispute Resolution

scholarly journals To Settle or to Fight to the End? Case-level Determinants of Early Settlement of Investor-State Disputes

2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Duy Vu
Keyword(s):  
Dispute Resolution ◽  
International Investment ◽  
Third Party ◽  
Host State ◽  
Investment Arbitration ◽  
Legal Literature ◽  
Early Settlement ◽  
Regulatory Measures ◽  
Dispute Resolution Mechanism ◽  
Third Party Dispute Resolution

AbstractInternational investment arbitration is a third-party dispute resolution mechanism aimed mainly at depoliticizing investment disputes and maintaining efficient investment flows among countries. Almost one-third of treaty-based investor-state disputes brought before this system are settled before the tribunal’s final ruling. Given the classical “Against Settlement” debate in the legal literature, we build an original database of treaty-based arbitrations from 1996 to 2016 to empirically test the determinants of early settlement. We find that the probability of settlement increases if the host state has no experience of resolving those kinds of disputes but decrease if it anticipates a favorable outcome. The nature of the regulatory measures applied by the host state and the identity of foreign investors are additional important determinants of settlement. Interestingly, we find strong evidence of a Dutch effect in dispute resolution.

Epilogue: The Ventriloquism of Media

2021 ◽  
pp. 241-260
Author(s):  
François Cooren ◽  
Lise Higham ◽  
Boris H. J. M. Brummans
Keyword(s):  
Dispute Resolution ◽  
Media Studies ◽  
Third Party ◽  
Interaction Studies ◽  
Depth Analysis ◽  
Conflict Mediation ◽  
Communicative Act ◽  
Third Party Dispute Resolution

Historically, media studies and interaction studies have been estranged from each other. As John Durham Peters noted, this unfortunate situation can be traced back to the quarrel between the Sophists and Socrates, which can be summarized as the perennial opposition between the doctrine of dissemination, today represented by media studies, and the doctrine of dialogue, represented by interaction studies. This chapter calls this opposition into question by proposing to study media from a ventriloquial perspective. Communication is not only a question of co-construction and co-orientation, aspects on which interaction studies often focus, but also of delegation and tele-action, aspects that highlight the mediated dimension of any communicative act. The chapter illustrates the value of this perspective by providing an in-depth analysis of a videorecorded conflict mediation session. More specifically, it shows how a mediator acts as a medium in third-party dispute resolution by giving each party an opportunity to recognize their interests and positions in the other’s expressed interests and positions. The mediator thus acts as a ventriloquist who aims to help parties say things that reflect the compatibility of their respective interests, which seem incompatible at the onset of the mediation.

Legalized Dispute Resolution: Interstate and Transnational

2000 ◽  
Vol 54 (3) ◽  
pp. 457-488 ◽  
Author(s):  
Robert O. Keohane ◽  
Andrew Moravcsik ◽  
Anne-Marie Slaughter
Keyword(s):  
Dispute Resolution ◽  
Third Party ◽  
Domestic Institutions ◽  
International Courts ◽  
Ideal Types ◽  
Legal Judgments ◽  
Third Party Dispute Resolution ◽  
National Governments ◽  
Selection Of

We identify two ideal types of international third-party dispute resolution: interstate and transnational. Under interstate dispute resolution, states closely control selection of, access to, and compliance with international courts and tribunals. Under transnational dispute resolution, by contrast, individuals and nongovernmental entities have significant influence over selection, access, and implementation. This distinction helps to explain the politics of international legalization—in particular, the initiation of cases, the tendency of courts to challenge national governments, the extent of compliance with judgments, and the long-term evolution of norms within legalized international regimes. By reducing the transaction costs of setting the process in motion and establishing new constituencies, transnational dispute resolution is more likely than interstate dispute resolution to generate a large number of cases. The types of cases brought under transnational dispute resolution lead more readily to challenges of state actions by international courts. Transnational dispute resolution tends to be associated with greater compliance with international legal judgments, particularly when autonomous domestic institutions such as the judiciary mediate between individuals and the international institutions. Overall, transnational dispute resolution enhances the prospects for long-term deepening and widening of international legalization.

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