Hybrid Forms of Third-Party Dispute Resolution: Theoretical Implications of Combining Mediation and Arbitration.
By William H. Ross, University of Wisconsin at La Crosse and Donald E. Conlon, Michigan State University.
Academy of Management Review, 25, No. 2 (April, 2000), pp. 416-427.
We contrast two hybrid dispute resolution procedures (Arbitration-Mediation and Mediation-Arbitration) that involve using mediation and arbitration in different sequences. The former procedure's strengths stem from lowering disputant expectations and enhancing cooperative behaviors during the mediation phase. The latter procedure likely will be less costly and time consuming, will enhance fairness judgments, and produce greater compliance to arbitrated decisions. We argue that the greatest benefit from Arbitration-Mediation is that it should encourage disputants to settle differences themselves.
Abstract Copyright (C) 2000 by the Academy of Management