Two standard results in the litigation literature are that an informed party will not make a costly voluntary disclosure in a screening game and that the uninformed party will not engage in costly discovery in the signaling game. Both of these results rely on the assumption that the party making...

We introduce fairness into three models of pretrial settlement and find that it increases the incidence of trial in each. This is true despite the fact that the fairness taste parameter is common knowledge. In the standard model, the party who makes the final offer can extract essentially all of...

We embed an ultimatum game in a stylized legal bargaining framework. This changes the framing of the standard ultimatum game in several ways, but also moves the bargaining closer to what is found in some naturally occurring settings. In this context, the ultimatum game is played over the joint...