The Timing of Out-of-Court Settlements
AbstractParties to a lawsuit will frequently delay litigation, even in circumstances where a voluntary agreement is eventually reached. This article is concerned with what causes legal disputes to be prolonged over time. We discuss dynamic models of litigation to illustrate how changes in the bargaining environment might generate empirical hazard functions. Comparative statics results are then corroborated with empirical estimates of a hazard function adjusted to account for both the heterogeneity of lawsuits and the nonproportional time dependence suggested by theory.
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Bibliographic InfoArticle provided by The RAND Corporation in its journal RAND Journal of Economics.
Volume (Year): 27 (1996)
Issue (Month): 2 (Summer)
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Web page: http://www.rje.org
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- Miceli, Thomas J., 1999. "Settlement delay as a sorting device," International Review of Law and Economics, Elsevier, vol. 19(2), pages 265-274, June.
- Ormosi, Peter L., 2012. "Tactical dilatory practice in litigation: Evidence from EC merger proceedings," International Review of Law and Economics, Elsevier, vol. 32(4), pages 370-377.
- Yasutora Watanabe, 2005. "Learning and Bargaining in Dispute Resolution: Theory and Evidence from Medical Malpractice Litigation," 2005 Meeting Papers 440, Society for Economic Dynamics.
- Deffains, Bruno & Doriat, Myriam, 1999. "The dynamics of pretrial negotiation in France:: Is there a deadline effect in the French legal system?," International Review of Law and Economics, Elsevier, vol. 19(4), pages 447-470, December.
- Hughes, James W. & Savoca, Elizabeth, 1997. "Measuring the effect of legal reforms on the longevity of medical malpractice claims," International Review of Law and Economics, Elsevier, vol. 17(2), pages 261-273, June.
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