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We propose a novel explanation for how pre-trial mediation might increase the likelihood of settlement. The mediator verifies the plaintiff's private information about the court's judgement and communicates this to the defendant, without disclosing confidential details that would disadvantage...
Persistent link: https://www.econbiz.de/10010776508
decline in access to justice. This paper addresses this issue through a litigation model within a Salop (1979) framework. We …
Persistent link: https://www.econbiz.de/10011039739
We model the settlement of a legal dispute when the trial outcome depends on the behavior of a strategically motivated judge. A defendant, who is uninformed about the level of harm that he has caused, makes a take-it-or-leave-it offer to an informed plaintiff. If the parties cannot agree on a...
Persistent link: https://www.econbiz.de/10011039762
The paper examines the distribution function of settlements over time in an attempt to explain the time it takes to negotiate the claim compensation in the context of motor disputes. Competing risk models are applied to a Spanish motor insurance database. The empirical analysis yielded two main...
Persistent link: https://www.econbiz.de/10011189301