Promoting Mediation in Property Rights Conflicts

Joshua Duke and Ryan P. Jost

Land Economics, 2003, vol. 79, issue 1, 29-37

Abstract: This paper analyzes the judicial resolution of land-use con icts and then derives a technique to promote mediation of these and other property rights disputes. A simple theory is developed comparing Coasean bargaining over unallocated property rights to nonmarket resolution. The analysis leads to a signaling model of nonmarket resolution, which is estimated empirically using land-use con ict data from New Castle County, Delaware. The model may be used to send future disputants a ‘‘signal’ ’ of their probability of success in litigation, which may act as a focal point in mediation.

JEL-codes: K11 R14 (search for similar items in EconPapers)
Date: 2003
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Citations: View citations in EconPapers (2)

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