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Procedural events, judge characteristics, and the timing of settlement

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  • Bielen, Samantha
  • Grajzl, Peter
  • Marneffe, Wim

Abstract

We draw on a unique, detailed dataset of civil cases adjudicated at a major Belgian court and use the competing risks framework to examine how the timing of settlement depends, first, on the completion of key procedural events and, second, on the characteristics of the adjudicating judge. Congruent with recent research that emphasizes the importance of information flows, we find that the time to settlement is negatively associated with the completion of those procedural events that most effectively facilitate the revelation of new factual information. Consistent with both rational-choice and behavioral theories of litigation, other procedural events are unassociated or even positively associated with the time to settlement. Finally, exploiting the de facto random nature of within-chamber assignment of cases to the serving judges, we find robustly statistically significant evidence of a judge gender effect.

Suggested Citation

  • Bielen, Samantha & Grajzl, Peter & Marneffe, Wim, 2017. "Procedural events, judge characteristics, and the timing of settlement," International Review of Law and Economics, Elsevier, vol. 52(C), pages 97-110.
  • Handle: RePEc:eee:irlaec:v:52:y:2017:i:c:p:97-110
    DOI: 10.1016/j.irle.2017.09.001
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    2. Castelliano, Caio & Grajzl, Peter & Watanabe, Eduardo, 2021. "How has the Covid19 pandemic impacted the courts of law? Evidence from Brazil," International Review of Law and Economics, Elsevier, vol. 66(C).

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    More about this item

    Keywords

    Settlement; Case duration; Competing risks; Procedural events; Judge characteristics;
    All these keywords.

    JEL classification:

    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process
    • K15 - Law and Economics - - Basic Areas of Law - - - Civil Law; Common Law
    • D02 - Microeconomics - - General - - - Institutions: Design, Formation, Operations, and Impact

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