exist any verifiable performance signal. It is shown that ex-post litigation can restore incentives of the agent. Moreover …, when the litigation can be settled by the parties the pure threat of using the legal system may suffice to make the … situations where the agent is protected by limited liability, where the parties have different technologies in the litigation …

A settlement is an agreement between parties to a dispute. In everyday parlance and in academic scholarship, settlement … winner and announces a score. The “trial versus settlement” trope, however, represents a false choice; viewing settlement … and often does work. In this article, we describe and defend a much richer concept of settlement, amounting in effect to a …

contracting decreases the settlement rate and increases the volume and costs of litigation. These contingent contracts mimic the … services provided by third-party investors, including litigation funders and insurance companies. The two litigants (weakly … transaction-cost free. However, contracting with third parties further decreases the settlement rate, increases the volume and …