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Today, binding arbitration procedures are employed in a wider variety of contracts than at any time in our nation …'s history, and arbitration has become a wide-ranging surrogate for court trial of civil disputes. As a result, arbitration is … subjected to unprecedented stresses and strains, and it is fair to say that arbitration has never been subject to wider …
Persistent link: https://www.econbiz.de/10014213117
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/10008823155
Administrative and Civil cases. This result is confirmed by matching estimation and simulation exercises. There is evidence of …
Persistent link: https://www.econbiz.de/10011334453
A settlement is an agreement between parties to a dispute. In everyday parlance and in academic scholarship, settlement is juxtaposed to trial or some other method of dispute resolution in which a third-party factfinder ultimately picks a winner and announces a score. The “trial versus...
Persistent link: https://www.econbiz.de/10011578655
Two risk-averse litigants with different subjective beliefs negotiate in the shadow of a pending trial. Through contingent contracts, the litigants can mitigate risk and/or speculate on the trial outcome. The opportunity for contingent contracting decreases the settlement rate and increases the...
Persistent link: https://www.econbiz.de/10011578658
arbitration processes, particularly mandatory pre-dispute arbitration. Although it may be difficult to believe given arbitration …’s current popularity, not everyone requires his or her clients to sign mandatory pre-dispute arbitration agreements. In fact …, some service providers prefer to avoid arbitration regardless of whether it is arranged pre- or post-dispute. So which …
Persistent link: https://www.econbiz.de/10014123534
Many settlement agreements in lawsuits involving either multiple plaintiffs or multiple defendants include so-called "most-favored-nation" clauses. If a defendant facing multiple claims, for example, settles with some plaintiffs early and settles with additional plaintiffs later for a greater...
Persistent link: https://www.econbiz.de/10014123662
chapter surveys some of the more active areas in the litigation literature. Topics include rules of evidence, loser-pays rules …
Persistent link: https://www.econbiz.de/10014023512
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...
Persistent link: https://www.econbiz.de/10013555697
Persistent link: https://www.econbiz.de/10014281856