Arbitration outcomes are uncertain. When risk preferences are unobserv
able, players may make offers that attempt to extract the willingness
of risk-averse bargaining partners to pay to avoid the uncertainties o
f arbitration. When such a ''hard'' offer is made to a risk-neutral ba
rgaining partner, it will be refused and arbitration will result. This
is true even when the distribution of outcomes is common knowledge. I
mportantly, risk preferences may be difficult to communicate, even if
it is in the interest of both parties to do so.