1. Non-Arbitration Variations
Class 1

2. Administration Give quiz Return quizzes at end Collect critiques
Return critiques at end
Final Exam - Everybody needs to be sure which quizzes they missed
Final exam quiz strategy

3. Review There are problems in the use of arbitration
FOA, Repeated Offer Selection and Cost-Formula Arbitration are all techniques designed to address those problems and there are others
But these all have problems of their own

4. Today Why Non-Arbitration Variations Divide and Choose techniques
Key Ideas from Today’s Class

5. I. Why Non-Arbitration Variations?
What do all the arbitration variations share? In terms of the three criteria?
Someone else makes the decision if the parties can’t
This fact impacts all of the prior negotiations
Is there a way to encourage the disputants to make their own decisions
Remove the third party entirely

6. II. Divide and Choose Children’s variation
Trivial in case of single dimension
ice cream
Only one set of interests here and they overlap, more of the ice cream
Suppose there are two dimensions, vanilla and chocolate
Suppose there are even more dimensions?
What happens then?
What role do you prefer to play?

7. II. Divide and choose The business dissolution problem The issue
How can this be resolved using a divide and choose technique?

8. II. Divide and Choose
How can this technique be used in a marital dissolution situation?
Would you include child custody issues in the divide and choose procedure? Why or why not?

9. III: Key Ideas from Today’s Class
Advantage of non-arbitration dispute resolution techniques
Divide and choose approaches

10. Next Time
Technique based on the strike but no one stops working

11. Non-Arbitration Variations
Class 2

12. Administrative Return quizzes Return critiques
Reminder – final exam 9:00 AM, Monday May 14
I have grade book with me today

13. Review Divide and choose technique
Depends on problem having multiple dimensions so interests are not the same
Can be used to resolve some business and personal disputes

14. Today Virtual Strike – Definition
Virtual Strike – Issues and Variations
A variation for commercial disputes
Auctions
Key Ideas from Today’s Class

15. I. Virtual Strike - Definition
Other names
Statutory Strike
Non-stoppage Strike
Similar in Concept to Cost-Formula Arbitration
Also similar to collective bargaining with strikes
Replace strike costs with financial costs
Example

16. II. Virtual Strikes – Issues and Variations
What happens to the extra money?
What happens if some employees don’t want to strike?
Can the percentage of wage cost be altered and by whom?

17. III. A Variation for Commercial Disputes
How could this be modified for a commercial dispute (e.g. one company claims another provided defective goods)?
Would companies be likely to agree to this? Why or why not?

18. IV. Auctions
What is the interest and what is the strategy of the bidder in an auction?
What is the interest and what is the strategy of the seller?
Is there a better way for both?

19. V:Key Ideas from Today’s Class
Virtual Strike
Variations of auctions

20. Next Time
Conclusions
Discussion of final exam