Settlement (litigation)

About: Settlement (litigation) is a research topic. Over the lifetime, 19301 publications have been published within this topic receiving 181179 citations. The topic is also known as: legal settlement.

Bargaining with Private Information

Abstract: BARGAINING is usually interpreted as the process of arriving at mutual agreement on the provisions of a contract. In the economic realm, the prototype is exchange between a seller and a buyer of an item for money: the contract specifies the price paid for the item. In a wage negotiation, for instance, the union is the seller, the firm is the buyer, and if other terms of the contract are fixed, then the price is the base wage. In the legal realm, the prototype is disposition of a claim by a plaintiff against a defendant: the contract specifies the amount of the settlement, whereas failure to agree means proceeding to trial. Many damage suits, for instance, are settled by agreement on a payment from the defendant in exchange for the plaintiff's withdrawal of the claim; i.e., the defendant buys the claim from the plaintiff. The aggregate gain from trade in the case of exchange is the difference between the buyer's and the seller's valuation of the item; in the case of a damage suit, it is the sum of the parties' costs of a trial. These two prototypes of bilateral bargaining provide ample motivation for the topics discussed in this paper. In both economic and legal contexts, agreement may be delayed as the parties continue negotiations, or agreement might never be reached. Delay is usually costly, due to the opportunity costs of the parties' delayed receipt of their gains from trade and to expenses incurred during the process. Opportunity costs might be represented by lost production or forgone interest income; and expenses, by fees paid to brokers, attorneys, or other agents. Such costs loom large in prominent cases: corporate acquisitions, strikes by labor unions, and major civil suits. 1

Crime prevention through environmental design : applications of architectural design and space management concepts

Abstract: Crime and loss prevention CPTED concepts and strategies historical precedents of CPTED - early settlement and growth of communities behavioural precedents of CPTED - from caves to fast food using the environment to affect behaviour aesthetics, environmental cues and territorial behaviour implications for CPTED planning examples of CPTED strategies and applications.

The Road to Botany Bay: An essay in spatial history

Abstract: An account of how Australia originated in the acts of settlement, possession and dispossession by explorers who travelled, named and wrote. The author advances a notion of imperialism with relevance to other regions of the world.

The Meaning of ‘Build Back Better’: Evidence From Post‐Tsunami Aceh and Sri Lanka

Abstract: The 26 December 2004 tsunami disaster around the Indian Ocean provided an opportunity to see if decades of knowledge and experience on post-disaster settlement and shelter could be applied to match the tagline which many groups gave to the post-tsunami reconstruction: 'build back better' (or 'building back better'). This paper uses evidence from field work completed on implementing settlement and shelter in post-tsunami Aceh and Sri Lanka to examine whether or not the theory and practice of 'build back better' were witnessed. Focusing on settlement and shelter, four areas are examined: (i) safety, security, and livelihoods; (ii) how post-disaster settlement and shelter could have an improved connection with permanent housing and communities (the 'transition to what?' question); (iii) fairness and equity; and (iv) connecting relief and development by tackling root causes of vulnerability. Based on the field work, addressing these four areas is suggested as how 'build back better'could be implemented. Recommendations are: 1. Community involvement is essential, but that does not necessarily mean community control. 2. Organizations involved in implementing transitional settlement and shelter need to consider their capacity and links to other sectors. 3. Thinking ahead is necessary by integrating relief and development through long-term planning and disaster risk reduction. Overall, 'building back safer' might be a preferable tagline to 'building back better' because 'better' has multiple interpretations, many of which caused further problems, whereas 'safer' provides a clearer goal on which to focus for post-disaster settlement and shelter. © 2008 The Author. Journal compilation © 2008 Blackwell Publishing Ltd.