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Civil Justice Reform: A Mechanism Design Framework

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Author Info
Alon Klement
Zvika Neeman
Abstract

The main goal of the court system is to differentiate between those who obeyed the law and those who did not. We describe a mechanism design framework that facilitates the characterization of a set of procedural mechanisms that would minimize the resources used to achieve this goal. This framework can also help to formulate and evaluate procedural rules, and to identify necessary and sufficient conditions for deciding disputes according to substantive law with minimal costs of litigation and delay. We illustrate our approach using three examples: fee-shifting rules, discovery rules, and third-party alternative dispute resolution mechanisms.

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File URL: http://www.ingentaconnect.com/content/mohr/jite/2008/00000164/00000001/art00008
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Publisher Info
Article provided by Mohr Siebeck, Tübingen in its journal Journal of Institutional and Theoretical Economics.

Volume (Year): 164 (2008)
Issue (Month): 1 (March)
Pages: 52-67
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Handle: RePEc:mhr:jinste:urn:sici:0932-4569(200803)164:1_52:cjramd_2.0.tx_2-t

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Related research
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Find related papers by JEL classification:
C72 - Mathematical and Quantitative Methods - - Game Theory and Bargaining Theory - - - Noncooperative Games
D70 - Microeconomics - - Analysis of Collective Decision-Making - - - General
D82 - Microeconomics - - Information, Knowledge, and Uncertainty - - - Asymmetric and Private Information
K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General
K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

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This page was last updated on 2009-12-3.

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