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Sharing of Information Prior to Settlement or Litigation

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Author Info
Steven Shavell

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Abstract

In this article the voluntary sharing of information prior to settlement negotiations is studied in a model where one type of litigant -- plaintiffs, to be exact -- possesses private information. In equilibrium, plaintiffs whose expected judgments would exceed a certain threshold will reveal their information (if they can credibly establish it) and settle for higher amounts than if they were silent; plaintiffs with lower expected judgments will remain silent and settle. The effect of the legal right of "discovery" is also examined.

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File URL: http://links.jstor.org/sici?sici=0741-6261%28198922%2920%3A2%3C183%3ASOIPTS%3E2.0.CO%3B2-U&origin=repec
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Publisher Info
Article provided by The RAND Corporation in its journal RAND Journal of Economics.

Volume (Year): 20 (1989)
Issue (Month): 2 (Summer)
Pages: 183-195
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Handle: RePEc:rje:randje:v:20:y:1989:i:summer:p:183-195

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  1. Jesse Bull, 2006. "Costly Evidence Production and the Limits of Verifiability," Working Papers 0611, Florida International University, Department of Economics. [Downloadable!]
  2. Christopher C. Klein, 2007. "Anticompetitive Litigation and Antitrust Liability," Working Papers 200713, Middle Tennessee State University, Department of Economics and Finance. [Downloadable!]
  3. Richard Boylan & Cheryl Xiaoning Long, 2000. "Size, Monitoring and Plea Rate: An Examination of United States Attorneys," Econometric Society World Congress 2000 Contributed Papers 0089, Econometric Society. [Downloadable!]
  4. Motta, Massimo & Polo, Michele, 2000. "Leniency Programs and Cartel Prosecution," CEPR Discussion Papers 2349, C.E.P.R. Discussion Papers. [Downloadable!] (restricted)
    Other versions:
  5. Inés Macho-Stadler & David Pérez-Castrillo, 2001. "Settlement in Tax Evasion Prosecution," UFAE and IAE Working Papers 495.01, Unitat de Fonaments de l'Anàlisi Econòmica (UAB) and Institut d'Anàlisi Econòmica (CSIC). [Downloadable!]
    Other versions:
  6. Jack Hirshleifer & Evan Osborne, 1996. "The Legal Battle," UCLA Economics Working Papers 749, UCLA Department of Economics. [Downloadable!]
  7. Andrew F. Daughety & Jennifer F. Reinganum, 1994. "Keeping Society in the Dark: On the Admissibility of Pretrial Negotiations As Evidence in Court," Game Theory and Information 9403008, EconWPA. [Downloadable!]
    Other versions:
  8. Garey Ramey & Joel Watson, 1999. "Contractual Intermediaries," University of California at San Diego, Economics Working Paper Series 1997-26R, Department of Economics, UC San Diego. [Downloadable!]
  9. Deffains, Bruno & Langlais, Eric, 2007. "Informational externalities and informational sharing in class action suits," MPRA Paper 4846, University Library of Munich, Germany. [Downloadable!]
  10. Chris William Sanchirico, 2004. "Relying on the Information of Interested--and Potentially Dishonest--Parties," Law and Economics 0403001, EconWPA. [Downloadable!]
  11. Tim Friehe, . "Screening Accident Victims," German Working Papers in Law and Economics 2006-1-1140, Berkeley Electronic Press. [Downloadable!]
  12. Garey Ramey & Joel Watson, 1999. "Contractual Intermediaries," Cowles Foundation Discussion Papers 1235, Cowles Foundation, Yale University. [Downloadable!]
    Other versions:
  13. Henry S. Farber & Michelle J. White, 1990. "Medical Malpractice: An Empirical Examination of the Litigation Process," NBER Working Papers 3428, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
  14. Virginia Rosales-López, 2008. "Economics of court performance: an empirical analysis," European Journal of Law and Economics, Springer, vol. 25(3), pages 231-251, June. [Downloadable!] (restricted)
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