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  5. Beyond Baby-Splitting: Arbitrator Decision-Making Patterns in Employment Cases

Beyond Baby-Splitting: Arbitrator Decision-Making Patterns in Employment Cases

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Colvin77_Beyond_baby_splitting.pdf (183.42 KB)
Permanent Link(s)
https://hdl.handle.net/1813/75307
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ILR Articles and Chapters
Faculty Publications - Labor Relations, Law, and History
Author
Colvin, Alexander J.S.
Pike, Kelly
Abstract

That arbitrators tend to “split the baby” by issuing compromise awards is amongst the hoariest of clichés in the dispute resolution field. While the idea of arbitrators as baby-splitters has been challenged by commentators and lacks support in empirical evidence, the idea is surprisingly persistent. More importantly, it may be continuing to influence the decisions of actors whether or not to use arbitration to resolve disputes. A 1997 survey conducted by David Lipsky, Ronald Seeber, and Richard Fincher found that 49.7% of general counsels of Fortune 1000 corporations reported that concerns about compromise decisions was one of their reasons for not using arbitration.

Date Issued
2013-01-01
Keywords
dispute resolution
•
arbitration
•
negotiation
Rights
Required Publisher Statement: © Juris Legal Information. Reprinted with permission. All rights reserved.
Type
article

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