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Lawyers as agents of the devil in a prisoner's dilemma game: Evidence from long run play
Ashenfelter, Orley; Bloom, David E.; Dahl, Gordon Boyack - 2013
in wage disputes that were settled by final-offer arbitration in New Jersey. The paper also reports briefly on similar … agreeing not to hire lawyers is cheaper and does not appear to alter arbitration outcomes. …
Persistent link: https://www.econbiz.de/10010293160
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The Impact of Compulsory Arbitration on Bargaining Behavior: An Experimental Study
Kritikos, Alexander S. - 2005
A series of experiments compares bargaining behavior under three different settings: no arbitration, conventional and … final offer arbitration. Under no arbitration disputes with zero payoffs were around 10%, while the pie was equally split in … less than half of the cases. Under conventional arbitration - where the arbitrator is free in choosing his award - every …
Persistent link: https://www.econbiz.de/10010297233
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Arbitration and Mediation: An Economic Perspective
Manzini, Paola; Mariotti, Marco - 2002
This paper deals with the effects that intermediation has on strategic behaviour in negotiations. To this end, we use the tools of game theory to analyse how different institutional settings can provide specific strategic incentives and thereby condition the outcome of negotiations. We...
Persistent link: https://www.econbiz.de/10010262705
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The Timing of Out-of-Court Settlements Revisited: Theory and Cross- Sectional Evidence from Texas since 1988
Zhou, Jun - 2010
Legal institutions play an important role in affecting delay in settlement. But little research has investigated the institutional causes of delay. The empirical literature is ambiguous regarding the impact of trial-court delay on settlement delay. I analyze the timing of bargaining and the...
Persistent link: https://www.econbiz.de/10010333914
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Determinants of Noneconomic Damages in Medical Malpractice Settlements and Litigations: Evidence from Texas since 1988
Zhou, Jun - 2010
There have long been claims that compensations for noneconomic damages are random because tort law does not provide clear guidance regarding these compensations. I investigate, in both settled and tried medical malpractice cases, whether noneconomic damage payments are arbitrary and what...
Persistent link: https://www.econbiz.de/10010333970
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Optimal litigation strategies with signaling and screening
Choné, Philippe; Linnemer, Laurent - 2008
This paper examines the strategic effects of case preparation in litigation. Specifically, it shows how the pretrial efforts incurred by one party may alter its adversary's incentives to settle. We build a sequential game with one-sided asymmetric information where the informed party first...
Persistent link: https://www.econbiz.de/10010264386
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Race, poverty, and American tort awards: evidence from three datasets
Helland, Eric; Tabarrok, Alexander - 2002
We investigate the impact of the race and income of the jury pool on trial awards. We find that the average tort award increases as black and Hispanic county population rates increase and especially as black and Hispanic county poverty rates increase. An increase in the black countypoverty rate...
Persistent link: https://www.econbiz.de/10010271976
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Litigation and Settlement under Judicial Agency
Koçkesen, Levent; Usman, Murat - 2011
We model the settlement of a legal dispute where the trial outcome depends on the behavior of a strategically motivated judge. We consider a standard asymmetric information model where the uninformed defendant makes a take it or leave it offer. If the case goes to trial, the judge decides how...
Persistent link: https://www.econbiz.de/10010500186
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Litigation and settlement under court error
Ackermann, Philipp - 2010
Settlements are often considered to be welfare-enhancing because they save time and litigation costs. In the presence of court error, however, this conclusion may be wrong. Court decisions create positive externalities for future litigants which will not occur if a dispute is settled out of...
Persistent link: https://www.econbiz.de/10010316071
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Fighting hard core cartels
Hüschelrath, Kai; Weigand, Jürgen - 2010
The paper provides a comprehensive survey of the economics behind the fight against hard core cartels. Differentiating between four subsequent stages - characterisation, welfare effects, enforcement and evaluation - the paper pays particular attention to cartel detection methods, the derivation...
Persistent link: https://www.econbiz.de/10010303008