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This article deals with success factors for an efficient solving of legal conflicts using negotiations outside of trial courts. Negotiations, outside the court, provide the chance of finding a good win-win solution for all involved parties. A survey, which aims at finding the most common barriers to the resolution of conflicts outside trial courts, is presented in this article. The survey was conducted in a major international law firm. The lawyers were asked to list the most important reasons for negotiations failures. The results reveal a much higher importance of soft factors, especially communication and relationship issues over hard factors like e.g. business reasons. It is therefore concluded that communication and relationship are key success factors for dispute resolution in legal contexts. It is as well stressed that social science methodology and theories are useful tools for improving the understanding and effectiveness of legal negotiations. Two possible interventions for improving dispute resolution effectiveness in legal contexts are outlined.  相似文献   
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Stochastic models are of fundamental importance in many scientific and engineering applications. For example, stochastic models provide valuable insights into the causes and consequences of intra-cellular fluctuations and inter-cellular heterogeneity in molecular biology. The chemical master equation can be used to model intra-cellular stochasticity in living cells, but analytical solutions are rare and numerical simulations are computationally expensive. Inference of system trajectories and estimation of model parameters from observed data are important tasks and are even more challenging. Here, we consider the case where the observed data are aggregated over time. Aggregation of data over time is required in studies of single cell gene expression using a luciferase reporter, where the emitted light can be very faint and is therefore collected for several minutes for each observation. We show how an existing approach to inference based on the linear noise approximation (LNA) can be generalised to the case of temporally aggregated data. We provide a Kalman filter (KF) algorithm which can be combined with the LNA to carry out inference of system variable trajectories and estimation of model parameters. We apply and evaluate our method on both synthetic and real data scenarios and show that it is able to accurately infer the posterior distribution of model parameters in these examples. We demonstrate how applying standard KF inference to aggregated data without accounting for aggregation will tend to underestimate the process noise and can lead to biased parameter estimates.  相似文献   
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Missing outcome data constitute a serious threat to the validity and precision of inferences from randomized controlled trials. In this paper, we propose the use of a multistate Markov model for the analysis of incomplete individual patient data for a dichotomous outcome reported over a period of time. The model accounts for patients dropping out of the study and also for patients relapsing. The time of each observation is accounted for, and the model allows the estimation of time‐dependent relative treatment effects. We apply our methods to data from a study comparing the effectiveness of 2 pharmacological treatments for schizophrenia. The model jointly estimates the relative efficacy and the dropout rate and also allows for a wide range of clinically interesting inferences to be made. Assumptions about the missingness mechanism and the unobserved outcomes of patients dropping out can be incorporated into the analysis. The presented method constitutes a viable candidate for analyzing longitudinal, incomplete binary data.  相似文献   
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Intermediate clinical events,surrogate markers and survival   总被引:1,自引:0,他引:1  
This paper investigates one- and two-sample problems comparing survival times when an individual may experience an intermediate event prior to death or reaching some well defined endpoint. The intermediate event may be polychotomous. Patients experiencing the intermediate event may have an altered survival distribution after the intermediate event. Score tests are derived for testing if the occurrence of the intermediate event actually alters survival. These models have implications for evaluating therapies without randomization as well as strengthening the log rank test for comparing two survival distributions. The exact distribution of the score tests can be found by conditioning on both the waiting time and occurrence of the intermedate event.Deceased  相似文献   
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