The recent reforms of the "judicial map" in Europe have drastically reduced the number of courts, raising fears of a decline in access to justice. This paper addresses this issue through a litigation model within a Salop (1979) model. We assume that victims of accidents differ both in terms of...

This paper introduces ambiguity into an otherwise standard litigation model. The aim is to take into account optimism and confidence on the plaintiff side. We examine the following questions : 1) How optimism and confidence affect the outcomes of the settlement stage? 2) How optimism and...

This article focuses on compulsory non-binding ADR when third parties have reputation concerns that make them dislike their decision be rejected by the adversary parties who in this event decide to insist on a court verdict. The third party is assumed to trade-off deviations from her favored...

We propose a comparison between the expectation measure and arbitration as remedy for inadvertent breach of contract. Our framework is borrowed from Bebchuk and Png (1999). Our key result is that an arbitration clause could be more efficient than court-imposed damage remedies.

This paper analyses the problem of court congestion. We focus on how individual's decision whether to commit an illegal act and victim's decision whether to bring a suit are influenced by the presence of court congestion. We show that the standard results of the perception models may be totally...