Judgement Day: The Case for Alternative Dispute Resolution
by Adam Thierer
"Our courts are slow, outdated, and costly. Adam Thierer shows how people in the US have
abandoned them for private arbitration: and how the state and federal courts have had to
accommodate this change. A model for modernising the court service in the United Kingdom
and elsewhere?"
Malpractice on the Market
October 14, 2009
by Eric M. Staib
"Allowing free entry to the arbitration market would allow firms to compete over the
right to interpret and enforce contracts between doctors, patients, and insurers. This
situation of dynamic competition will lead to a more efficient allocation of risk burden
and make healthcare more accessible and valuable for all consumers."
Peaceable Conflict Resolution
by Walter E. Williams
"Interestingly enough the people in our society who protest the most mightily against
conflict and violence are the very ones calling for increased government resource
allocation, which contributes to the potential for conflict and violence. They fail
to recognize or even contemplate why our nation, with people of every race, ethnic
group, and religion, has managed to live relatively harmoniously, while in their
countries of origin people of the same groups have been trying to slaughter one another
for ages. A good part of the answer is that in the United States it did not pay to be
a Frenchman, a German, a Jew, a Protestant, or a Catholic. The reason it did not pay
was that for most of our history government played a small part in our lives."
Dialog: On a System Which Gives Unlimited Power to Randomly Selected Arbiters
by Richard Hammer and Jack Coxe
"Conformity and many other issues must be dealt with in any arrangement of a society. A
random arbiter system would motivate people to find mutually agreeable ways of dealing
with them, whereas any presence of a procedure to coerce, or a procedure to establish a
procedure to coerce, would tempt people to seek to overpower each other instead of
seeking agreement."
How to Limit Power and Protect Rights
by Jack W. Coxe
A proposal for a system of law by arbitrators who are selected at random
case by case.
Justice Without Law by Jerold S. Auerbach
reviewed by Sean Haugh
The history of dispute resolution in America indicates that private methods
such as mediation and arbitration flourish in unified communities where
everyone shares a common religion or philosophy. Otherwise, people tend to
sue each other in government courts.
Natural Government versus Artificial Government
by Jack W. Coxe
"We could remove control from positions of power by selecting arbiters
completely at random, for each individual case or offense. And we could
remove all manipulability of coercive procedures by refraining from
imposing any kind of man-made limits on the decision-making authority of
arbiters."
Privatizing the Adjudication of Disputes
October 17, 2007
by Bryan Caplan and Edward P. Stringham
"This article discusses how private adjudication of disputes could enable the market to
internalize externalities and provide services that customers desire."
Removing the Market for Coercion
by Jack W. Coxe
Selecting arbitrators at random would prevent corruption.
Stateless, Not Lawless: Voluntaryism and Arbitration
by Carl Watner
"Arbitration is a universal, human institution which preceded the
monopoly system of law embraced by contemporary nation-states."
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This page was last updated on October 17, 2009.