How final offers shape arbitration outcomes and bargaining dynamics
This concise analysis examines how arbitrators weigh the facts of a case against the offers of the parties. It explores when an arbitrator may rely on “splitting the difference” and when the quality of offers shifts the balance toward a fact-based decision. The study uses a controlled simulation to separate the influence of offers from case facts, revealing how different models perform in predicting awards.
- Learn how arbitrators balance case facts with the parties’ offers in wage disputes.
- See why the relative weight given to offers can change as offers diverge or converge.
- Understand why simple “split-the-difference” models may fail to capture real arbitration behavior.
- Discover how offer quality and case specifics interact to shape final awards.
Ideal for readers of labor relations, negotiation, and decision-making in arbitration, this edition clarifies how final offers impact settlements and why understanding these dynamics matters.
Max H. Bazerman is the Jesse Isidor Straus Professor of Business Administration at Harvard Business School. He is the author and coauthor of many books, including Negotiation Genius.