The goal of this paper is to study how litigation and settlement behavior is affected by subjects motivated by spiteful preferences -- a potentially common driver for litigation behavior. We focus on litigation and settlement behavior both under the American and the English fee-shifting rule. To...

In this paper we report on our experimental findings concerning the differences in decisional treatment between adversarial and inquisitorial systems where the proceedings fail to achieve explicit revelation of decisive facts. In particular, we use our data both: (1) to test the interesting...

This paper studies how litigation and settlement behavior is affected by agents motivated by spiteful preferences under the American and the English fee-shifting rule. We conduct an experiment and find that litigation expenditures and settlement requests are higher for more spiteful...