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| Tekijä: | Witkin, N. |
| Otsikko: | Consensus arbitration: A negotiation-based decision-making process for arbitrators |
| Lehti: | Negotiation Journal
2010 : JUL, VOL. 26:3, p. 309-325 |
| Asiasana: | negotiation arbitration decision making theories models |
| Vapaa asiasana: | disputes resolution |
| Kieli: | eng |
| Tiivistelmä: | Arbitrators (hereafter as: arbtr./artrs.) are expected to act like judges by listening fully to both sides and then withdrawing to write the final and complete decision. Due to some key differences btw. an arbtr's and a judge's roles, it is argued that they should use completely different styles of decision making. Unlike judges, arbtrs. are chosen and empowered by the parties themselves for eample to handle specific disputes. Instead of shifting a negotiated process into an authoritative one, arbtrs. have the capacity to solicit input from parties when crafting the award. Under a new model of arbitration called herein for "consensus arbitration", arbtrs. would facilitate negotiation btw. the parties, however, retaining the power to break impasses with partial, incomplete decisions, behaving more like facilitators than judges. |
SCIMA