Settlement Negotiations Research Articles

Understanding the Dark Side of Power in Project Dispute Negotiation Settlement

Negotiating parties commencing a negotiation are likely to have different levels of intention to settle. Is this attributed to the power differential among them? Little is known about this. Applying power-dependency theory and dual concern theory, this study proposes a power-motive-intention framework, which is empirically tested using the structural equation modeling (SEM) method. The results indicate that negotiating parties with high perceived power could enhance their proself motive and suppress their prosocial motive, thereby stifling the intention to settle. To alleviate this dark side of power, psychological bonding agents, including trust and shared vision, are found to be effective alleviating agents.

Misrepresentation by Omission in Settlement Negotiations: Should There Be a Silent Safe Harbor?

Misrepresentation by Omission in Settlement Negotiations: Should There Be a Silent Safe Harbor?

Demand for Artificial Intelligence in Settlement Negotiations

Demand for Artificial Intelligence in Settlement Negotiations

Analysis of Armed Separatist Movement Conflict in Casamance, Senegal & Lessons Learned for the Indonesian Government in Addressing Similar Conflicts

This in-depth article explores the complex factors that have contributed to the long-standing armed separatist conflict in Casamance, Senegal. It offers an analysis of the most effective approaches to resolving the conflict, drawing valuable lessons that can be applied to other nations grappling with similar challenges. Historical, socio-economic, political, and cultural factors all play a role in the conflict, which has endured for decades. There are additional issues to navigate, including military fragmentation, political leadership voids, economic and cultural decline, failed ceasefires, and neighboring state behavior. By examining these causes and lessons learned, this article provides valuable insights for Indonesia and other nations facing separatist movements. Despite the daunting nature of the conflict, there are several potential solutions that can be employed to facilitate successful negotiations in the future, including trust-building, official and unofficial mediation, the establishment of a State Peace Secretariat in Casamance, and a comprehensive, inclusive settlement negotiation.

Proposal convergence and settlement under final offer arbitration

Under final offer arbitration (FOA), each party to the dispute submits a proposal to the arbitrator who must choose one of the two submitted proposals in the event an agreement is not reached. A long line of research on FOA has assumed that the submitted proposals to the arbitrator are the final bargaining positions of the parties to the dispute. One consequence of this assumption has been a focus on whether proposals submitted to the arbitrator converge towards one another. However, current practice implies a separation between settlement negotiations and proposals submitted to the arbitrator. We use a simple setting to show that proposal convergence can be consistent with an increase in disputes, a decrease in disputes or no effect on the dispute rate. In order to be fully evaluated, mechanisms which lead to proposal convergence must be embedded in a model in which disputes arise endogenously. Understanding FOA is important because it is a widely used procedure. These uses include labor disputes as well as pricing disputes in the telecommunications industries of the United States and Canada.

Russian-ukrainian Relations In 2014–2022: The Main Geopolitical Dimensions

The article considers the prerequisites and problems of the evolution of Russian-Ukrainian relations in the period from 2014 to 2022. Geopolitical causes of the reunification of Crimea with the Russian Federation in 2014, as well as the consequences of the mentioned event have been analyzed. The results of negotiations for settlement of the conflict in Ukraine within the framework of the Normandy format have been studied. It is emphasized that in the result of the failure to implement the Package of Measures for the Implementation of the Minsk Agreements the process of resolving the conflict in the South-East of Ukraine has reached a dead end. Moreover, the Ukrainian side, with the support of the states of the socalled collective West, has initiated the preparations to finish the conflict under consideration by military means. In addition, the transformation of the doctrinal documents that determined the Russian-Ukrainian relations has been analyzed. The active influence of the member states of the North Atlantic Treaty Organization on the foreign policy of Ukraine during the period under consideration is noted. The military and technical, reconnaissance, financial and diplomatic support provided to Ukraine by Western states, as well as the politics of Ukraine for implementation of the ideology of Ukrainian nationalism and Russophobia into society have been studied as the factors of transformation of Russian-Ukrainian relations, as well as the prerequisites for the Special Military Operation initiated by the Russian Federation on February 24, 2022.

Managing Disputes for a Sustainable Construction: A Perspective of Settlement Facilitating Elements in Negotiations

Construction 4.0 presents a multitude of opportunities; however, it also increases the chance of disputes. Efficient dispute management contributes to the sustainable production of construction works. Enhancing negotiation management and negotiators’ settlement ability is valuable, given that negotiation is recognized as the most effective dispute resolution method. This study explores negotiation settlement by identifying negotiators’ settlement facilitating elements in construction dispute negotiation (CDN). A purposive literature review identified six key elements, naming preparation, integration, goodwill, continuity, commitment, and self-efficacy. With data collected from experienced construction dispute negotiators, the partial least squares structural equation modeling (PLS-SEM) results confirmed the significance of these elements. Accordingly, recommendations for negotiators include (i) technique (i.e., good preparation and applying integrative tactics); (ii) interaction (i.e., showing goodwill and relationship maintenance); and (iii) attitude (i.e., commitment to negotiate and being confident) if the negotiation settlement is desired. Management can implement these recommendations in their training manual to cultivate negotiators’ problem solving and settlement-oriented mindset. Negotiators can also review their behaviors throughout the negotiations and make timely adjustments as deemed necessary. Reaching an amicable negotiated settlement would not only save resources, preserving business relationships is of equal importance for a sustainable construction industry.

How Does High Uncertainty in Accounting Estimates Impact Auditor Litigation Risk? Opposite Effects in Jury Trials and Attorneys’ Out-of-Court Settlements

SUMMARY Research suggests that the amount of inherent uncertainty in contemporary accounting estimates has increased in recent years, potentially increasing audit litigation risk. We review a recent study that finds that high estimate uncertainty impacts auditor litigation risk in opposite directions, depending on whether the litigation is decided in a jury trial or settled by attorneys out of court. Mock jurors and attorneys specialized in corporate and securities law read the same case about an alleged undetected material misstatement, with jurors judging auditor negligence and attorneys planning proposed out-of-court settlement negotiations on behalf of auditors. Results show that, under common conditions, mock jurors found auditors less negligent when estimate uncertainty was high. However, attorneys predicted the mock jurors to find auditors more negligent when estimate uncertainty was high, leading them to concede more on behalf of auditors in their proposed settlements.

Discussion on Practical Options for Territorial Dispute Settlement Mechanisms — Taking the Case of Pulau Ligitan and Pulau Sipadan as an Example

In order to better respond to and deal with territorial disputes, and choose a more rational and appropriate dispute settlement mechanism, this article selects the case of sovereignty dispute between Indonesia and Malaysia over Pulau Ligitan and Pulau Sipadan for analysis, which chose two different dispute settlement mechanisms, namely, bilateral negotiation and judicial settlement, respectively, in the early and late stages of the dispute. The article analyzes the reasons for Indonesia’s two different choices at three levels: international system level, domestic level and decision-makers level, and finally draws the conclusion that Indonesia’s choice of territory dispute settlement methods was not only restricted by the structure, but also directly affected by the factors at the unit level to a large extent. It is in Indonesia’s interest to peacefully resolve the dispute over the two islands under structural pressure. And in this case, the 1997 Asian financial crisis and the ensuing crisis of governance ultimately prompted Indonesia to choose the International Court of Justice. The role played by the state and decision-makers in this case was more direct and critical.

Blockchain-based data management mechanism for virtual power plants

Abstract With the gradual deepening of power-related research and the expansion of power data volume, power data-oriented research and applications have fully entered the era of big data and cloud storage. The huge amount of heterogeneous data samples also bring a huge impact on traditional data processing methods. Therefore, let each virtual power plant participate in the electricity market externally as a unified power plant, and build a blockchain structure of multiple virtual power plants in the form of a slice. The structured data such as the basic information of the account is stored in the enterprise database in a relational data model and managed through an identity verification policy. The mechanism of off-chain negotiation and on-chain settlement is used to manage the transaction data. The management mechanism is further improved by combining an encryption scheme and a security evaluation method. After the practical test of the management mechanism, the time consumed for one and two parallel operations reaches 23 seconds and 8 seconds, and 4 seconds and 9 seconds or less for three and four times, respectively. In the case of nine users’ data distortion, the root means the square value of the blockchain data management mechanism is only 0.82, which is significantly less than 1. It shows that the blockchain-based data management mechanism, as a new generation of power data management means, can not only effectively integrate the power grid information data and relieve the pressure of the power grid system, but also avoid data leakage and strengthen power security.

Court Forms as Part of Online Courts: Elicitation and Communication in the Early Stages of Legal Proceedings

The article explores court forms as an interactive genre essential for legal-lay communication in civil and family proceedings: court forms elicit key information from predominantly lay users for the purposes of court administration and the judiciary. The information presented in court forms defines the agenda and communicative focus of the subsequent hearings and settlement negotiations, and in some instances even the path the proceedings would take. It is thus important to consider court forms in terms of their comprehensibility as well as functionality for eliciting legally coherent narratives and facilitating efficient engagement of lay participants with the proceedings. The case study presented in the article draws on the combination of corpus linguistics and discourse analysis to explore two versions of the court form most frequently used by self-represented parties in England and Wales, ‘Form C100: Apply for a court order to make arrangements for a child or resolve a dispute about their upbringing’. The comparison of the paper form and its redesigned online version identifies the improvements made as part of the digitisation process but also indicates communicative challenges which can prevent the lay person from presenting the relevant information. The discussion provides an opportunity to reflect on the role of language in online courts.

Rebating Antitrust Fines to Encourage Private Damages Negotiations

Abstract To encourage private negotiations for damages in antitrust cases some jurisdictions subtract a fraction of the redress from the fine. We analyze the effectiveness of this policy. Such a rebate does not encourage settlement negotiations that would otherwise not occur. If, however, the parties settle without the rebate, the introduction of the reduction may increase the settlement amount. Yet, deterrence for those wrongdoers who are actually fined always goes down. Under a leniency program, the rebate does not affect the leniency applicant: she does not pay a fine that can be reduced. The overall effect of a fine reduction on deterrence is therefore negative.

Mind the settlement gap: a call for more effective judicialization of international commercial arbitration

Abstract Despite pervasive judicialization along the lines of public-court litigation, arbitration has largely missed the ‘managerial turn’ in judging that since the 1970s has pushed judicial systems worldwide to shift focus from adjudication to settlement facilitation. Over the past two decades, a transnational consensus appears to have emerged that settlement facilitation is not only compatible with the arbitrator’s mandate but can actually sharpen arbitration’s promise of efficient dispute resolution. But recent statistics continue to confirm anecdotal evidence of a gap in settlement rates between commercial litigation and arbitration, suggesting that arbitrators still fall more into the mould of a passive umpire than a proactive settlement facilitator. This article sheds light on structural barriers to settlement facilitation in the procedural architecture of institutional arbitration rules, explores causes for the lingering underdevelopment of settlement culture in the community of arbitrators and investigates arbitration’s impact on the parties’ settlement negotiation dynamics when ‘bargaining in the shadow of the law’. Informed by insights from behavioural economics, the author develops a blueprint for building settlement facilitation more explicitly into institutional rules and makes the case for switching the default from requiring parties’ express consent to providing for settlement facilitation by arbitrators on an opt-out basis.

Asking for information prior to settlement or trial when misrepresentation of evidence is possible

This paper analyzes how mandated information disclosure prior to settlement negotiations influences equilibrium outcomes when the privately informed party may misrepresent its type at a cost. We establish that private information cannot be fully revealed and that a regime without information sharing may outperform a regime with information sharing according to the criteria of expected social costs and fairness considerations.

The compliance game: Legal endogeneity in anti-bribery settlement negotiations

In line with a wider expansion of global governance tools to prevent and punish corruption, the enforcement of anti-foreign bribery laws is increasing. Yet few cases are tested in court; rather, confidential negotiations and out-of-court settlements have become the norm. Many argue that this favours the enforcement authorities, since even firms with a good defence are reluctant to risk a trial when settlement appears a safer option, but there is very little evidence about what really happens in anti-foreign bribery negotiations and how companies and enforcement authorities interact during this process. Through qualitative research with participants in negotiations for settlements of the United States Foreign Corrupt Practices Act and the United Kingdom Bribery Act, we find evidence that companies have considerable power to influence how the law is interpreted and implemented. In particular, companies use compliance programs to signal good character, while enforcement authorities willingly accept these symbols as justification for settling out of court or acting leniently. Companies therefore play a key role in shaping the law in places where it is ambiguous, an interesting example of ‘legal endogeneity’, whereby the subjects of the law help to shape its meaning.

Stop drinking the waipiro! A critique of the government's ‘why’ behind Te Mana o te Wai

Stop drinking the waipiro! A critique of the government's ‘why’ behind Te Mana o te Wai

Settlement Negotiations with Reference-Dependent Preferences

Abstract This article analyzes pretrial bargaining between litigants with reference-dependent preferences. We build on Bebchuk (1984, “Litigation and Settlement under Imperfect Information,” 15 Rand Journal of Economics 404–15) and, motivated by empirical evidence, assume that the referent is based on expectations. We find that reference dependence on behalf of plaintiffs increases the settlement probability. The fact that preferences are reference-dependent meaningfully influences comparative statics predictions. In our extensions, we discuss the role of fee shifting, the effect of having the referent based on the status quo instead of on expectations, and risk aversion.

Book Review: A Long Time Coming: The story of Ngāi Tahu's Treaty Settlement Negotiations with the Crown

Martin Fisher A Long Time Coming: The story of Ngāi Tahu's Treaty Settlement Negotiations with the Crown (Canterbury University Press, 2020).

ISLAMIC MILITARY LAW

Islamic military law is a doctrine, which was created by Ulama, basing on Sharia and Fiqh, as right way of Islam – collection of demands and methods of just military actions that are mandatory for Muslim warriors. Foundations and first rules of Islamic military law were established in the very beginning of Hijra, soon after prophet Muhammad began creation of Islamic state in Medina. The prophet always gave different recommendations and suggestions to the warriors and those instructions became the core of the military law. Most of them were codified and abstracted by the first Khalifa Abu Bakr in the ten rules of Islamic armed forces. Muslim treaties and documents of IX century already included the rules about Islamic ethics, economical law and implementation of Islamic military law. They regulated issues concerning the relations with ambassadors, displaced people or refugees; also, rules of action in the battle fields, defense of women, children and non-warriors, process of negotiation and dispute settlement, restriction of use of poisoned weapons and prevention of destroy of enemy’s territories and etc.Islamic military law distinguishes just and unjust wars. According Holy Koran, defensive war is not only legal and legitimate, but also mandatory for Muslims.

Is There a New Normal For Natural Resource Damage Settlements Since the Deepwater Horizon Settlement?

ABSTRACT Recently, Dunford, et al. (2019) published a statistical model analyzing the variation in natural resource damage (NRD) settlement amounts for oil spills in the United States. One of the significant explanatory factors in the statistical model was the impact of the unprecedented magnitude of the NRD settlement in the Deepwater Horizon (DWH) oil spill. Specifically, while the settlement itself was excluded in the statistical analysis, NRD settlements for oil spills that were lodged after the DWH settlement were almost four times the amount of NRD settlements for oil spills that were lodged prior to DWH settlement, holding other factors equal. For simplicity, we refer to this phenomenon as the “DWH effect.” In our paper we examine three potential causes of the DWH effect. Since there were only five settlements between the DWH settlement in 2015 and the end of 2017 (the last year in the database), one potential cause is a small-sample effect. Specifically, the five spills that settled may have had particularly severe natural resource injuries, resulting in much greater NRD. This cause seemed unlikely based on our review of the five spills. Adding NRD settlements in the last three years for five more spills to the Dunford et al. (2019) database and re-running their model lowered the DWH effect multiplier to 2.4 from about four. Thus, expanding the sample size with five recent settlements lowered the DWH effect, but it remains quite substantial. A second cause of the DWH effect may be an anchoring effect. By its nature, measurement of NRD is imprecise, and in the absence of litigation, parties have been left to look to past settlements for benchmarks in settlement negotiations. The DWH settlement may have raised the expectations of natural resource Trustees in negotiating settlements in later NRD cases. At the same time, the magnitude of the DWH settlement may have made responsible parties more comfortable with higher settlement amounts. This cause seems likely. A third potential contribution to the DWH effect may be associated with a shifting of other oil spill liabilities under the Oil Pollution Act (e.g., fines and penalties) into NRD liability. Supplemental Environmental Projects (SEPs), which are often used to reduce monetary fines for spills, may have played a smaller role in recent settlements, and are disfavored under the current U.S. Department of Justice. Both Trustees and parties responsible for oil spills may be willing to shift penalties or SEPs into NRD for different reasons, as discussed in our paper. However, we found little evidence to support this cause of the DWH effect. A key question is whether the DWH effect is temporary or permanent. Our addition of five recent NRD settlements to the Dunford, et al. (2019) statistical analysis provides some support for a declining DWH effect over time. However, given the dynamics of the NRD negotiation process, we suspect that the DWH settlement has established a new plateau for future NRD settlements, leaving the DWH effect as the new normal.