The Power of Apology in Settlement Decision-Making: An Empirical Analysis
![handle is hein.journals/resolvjo4 and id is 143 raw text is: THE POWER OF APOLOGY IN SETTLEMENT DECISION-MAKING: AN EMPIRICAL ANALYSIS
BY: SUNSHINE YIN
I. INTRODUCTION
Anecdotal accounts of the power of apology in dispute resolution are abundant. At times, a truly
genuine apology can seem like a magic potion that melts iron-clad positions, resolves disputes, and even
repairs damaged relationships. Businesses are realizing the value of apology: at least one commercial
airline employs a full-time apology officer, whose sole job is to craft apologies to disgruntled
customers.1 On the other hand, the lack of an apology can pose a hurdle to resolution, and a formidable
one at that. Consider the U.S.-Pakistan reconciliation efforts, which after five months failed because of
the lack of an apology. In spite of the numerous anecdotal accounts of apology's role in dispute
resolution, there has been little empirical research on this front. Thus, I aim to provide empirical insight to
corroborate these accounts-specifically, how much a genuine apology can affect a party's desire to
litigate and how much (in actual dollars) the apology can be worth (in the mediation setting).
Part II of my paper discusses the literature on the role of apology in dispute resolution generally.
This Part includes a typology of apology, a discussion of other factors that can affect the impact of an
apology, and a summary of prior empirical research on the topic. In Part III, I explain the purpose and
design of my experiment and how it differs from those prior studies. In Part IV, I describe my survey
methodology. Part V shares the results of the study. Part VI contains my discussion of the results and the
'Jeff Bailey, Airlines Learn to Fly on a Wing and an Apology, N.Y. TIMES, Mar. 18, 2007, available at
www.nytimes.com/2007/03/18/business/18sorry.html.
2 See Declan Walsh, Eric Schmitt, & Steven Lee Myers, United States Talks Fail as Pakistanis Seek Apology, N.Y. TIMES, April 28, 2012, at Al
(The first concentrated high-level talks aimed at breaking a five-month diplomatic deadlock between the United States and Pakistan ended in
failure on Friday over Pakistani demands for an unconditional apology from the Obama administration for an airstrike. The White House, angered
by the recent spectacular Taliban attacks in Afghanistan, refuses to apologize .... [even though] [b]oth sides insist that they are now ready to make
up....).
Resolved: Journal of Alternative Dispute Resolution Volume IV, Issue 2
p. 70](ViewImageLocal?handle=hein.journals/resolvjo4&div=14&collection=&method=preview&ext=.png&size=3)
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The Power of Apology in Settlement Decision-Making: An Empirical Analysis
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