In bargaining environments with uncertain disagreement or “impasse” outcomes (e.g., litigation or labor strike outcomes), there is an identification problem that confounds data interpretation. Specifically, the minimally acceptable settlement value from a risk-averse (risk-loving) but unbiased-belief bargainer is empirically indistinguishable from what one could get with risk-neutrality and pessimistically (optimistically) biased beliefs. This article reports results from a controlled bargaining experiment where data on both risk attitude and beliefs under uncertainty are generated in order to assess their relative importance in (...) bargaining experiment outcomes. The average lab subject is risk-averse, yet optimistic with respect to uncertainty, which is consistent with existing studies that examine each in isolation. I also find that the effects of optimism dominate those of risk-aversion. Optimistic bargainers are significantly more likely to dispute and have aggressive final bargaining positions. Dispute rates are not statistically affected by risk attitude, but there is some evidence that risk aversion leads to a weakened bargaining position. Though additional research is needed to understand the limits of extending these results, a key implication follows. In uncertainty environments where optimism dominates, increased settlement rates are more likely achieved by minimizing impasse uncertainty (to limit the potential for optimism) rather than maximizing uncertainty (to weaken the reservation point of risk-averse bargainers), as has been argued in the dispute resolution literature. (shrink)

While fairness is often mentioned as a determinant of ultimatum bargaining behavior, few data sets are available that can test theories that incorporate fairness considerations. This paper tests the reciprocal kindness theory in Rabin (1993 Incorporating fairness into game theory and economics, The American Economic Review 83: 1281-1302) as an application to the one-period ultimatum bargaining game. We report on data from 100 ultimatum games that vary the financial stakes of the game from 1 to 15. Responder behavior is strongly (...) in support of the kindness theory and proposer behavior weakly in support of it. Offer percentages and past offers influence behavior the most, whereas the size of the pie has a marginally significant effect on offer percentages. The data is more in support of reciprocal kindness than alternative theories of equal-split or learning behavior, although the data also weakly support a minimum percentage threshold hypothesis. As a whole, our results together with existing studies suggest that, for smaller stakes games, fairness considerations dominate monetary considerations. This has implications for more complicated naturally occurring bargaining environments in which the financial stakes can vary widely. (shrink)

This article focuses on the effects of nonbinding recommendations on bargaining outcomes. Recommendations are theorized to have two effects: they can create a focal point for final bargaining positions, and they can decrease outcome uncertainty should dispute persist. While the focal point effect may lower dispute rates, the uncertainty reduction effect is predicted to do the opposite for risk-averse bargainers. Which of these effects dominates is of critical importance in the design of alternative dispute resolution (ADR) procedures, which are increasingly (...) utilized in a variety of settings. We theoretically examine the effects of recommendations on the contract zone using a framework which allows bargainers’ final positions to influence a binding outcome should negotiations fail. This provides a more stringent test of focal points than previously considered. We also present data from controlled laboratory experiments consistent with our model. Recommendations are empirically shown to influence final bargaining positions and negotiated settlement values. In fact, recommendations significantly reduce dispute rates, even where they are completely ignored in final-stage arbitration. This highlights a potentially significant role for the use of nonbinding procedures, such as mediation, as a preliminary stage in more efficient ADR procedures. (shrink)