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bargaining. We develop a theoretical model of pre-arbitration bargaining that is able to identify the impact of the institutional …Arbitration, as an alternative to litigation for contract disputes, reduces costs and time. While it has frequently … been thought of as a substitute to pretrial bargaining and litigation, in fact, parties may be able to reach a settlement …
Persistent link: https://www.econbiz.de/10014157602
bargaining. We develop a theoretical model of pre-arbitration bargaining that is able to identify the impact of the institutional …Arbitration, as an alternative to litigation for contract disputes, reduces costs and time. While it has frequently … been thought of as a substitute to pretrial bargaining and litigation, in fact, parties may be able to reach a settlement …
Persistent link: https://www.econbiz.de/10010757684
Arbitrators are lead actors in global dispute resolution. They are to global dispute resolution what judges are to domestic dispute resolution. Despite its global significance, arbitral decision making is a black box. This Article is the first to use original experimental research to explore how...
Persistent link: https://www.econbiz.de/10012967047
-recourse loans to plaintiffs on settlement bargaining when a plaintiff has private information about the value of her suit. We show …) induces full settlement. Furthermore, in contrast with the more standard (no-loan) settlement bargaining models, there is no … revelation of information created by the bargaining process: all plaintiff types (where the plaintiff's type is her level of harm …
Persistent link: https://www.econbiz.de/10013088917
In this article, we ask the basic question: Is it necessarily the case that allowing or promoting settlement of lawsuits enhances social welfare? Our answer is not necessarily; there are circumstances where actually prohibiting settlement generates more social welfare than allowing it....
Persistent link: https://www.econbiz.de/10013147656
This paper presents an experiment performed to test the properties of an innovative bargaining mechanism (called … settlement rule tends to chill bargaining as it creates incentives for individuals to misrepresent their true valuations, which …
Persistent link: https://www.econbiz.de/10014027206
Persistent link: https://www.econbiz.de/10011875623
Because verdicts are typically the more costly resolution of legal disputes, most governments are interested in high settlement rates. In this paper, we use a unique dataset of 860 case records from a German trial court to explore which factors have a significant impact on the decision to settle...
Persistent link: https://www.econbiz.de/10011310659
Because verdicts are typically the more costly resolution of legal disputes, most governments are interested in high settlement rates. In this paper, we use a unique dataset of 860 case records from a German trial court to explore which factors have a significant impact on the decision to settle...
Persistent link: https://www.econbiz.de/10011796181
Because verdicts are typically the more costly resolution of legal disputes, most governments are interested in high settlement rates. In this paper, we use a unique dataset of 860 case records from a German trial court to explore which factors have a significant impact on the decision to settle...
Persistent link: https://www.econbiz.de/10010489252