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An Empirical Analysis of Bargaining with Voluntary Transmission of Private Information

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Author Info
Paul Pecorino
Mark Van Boening

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Abstract

We conduct an experimental analysis of bargaining under asymmetric information, where the dispute resolution mechanism can be interpreted as either a civil trial or conventional arbitration. In our treatment, we allow for credible and costless transmission of private information. Consistent with the theory, we find that plaintiffs with strong cases tend to reveal their private information to the defendant. As a result, this group of plaintiffs experiences a significant drop in their dispute rate under the treatment. We also consider a cheap-talk treatment under which transmitted information is not credible. When cheap talk is allowed, transmitted messages are not entirely ignored, but there is no reduction in the dispute rate for plaintiffs with strong cases.

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File URL: http://www.journals.uchicago.edu/cgi-bin/resolve?id=doi:10.1086/381287
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Publisher Info
Article provided by University of Chicago Press in its journal The Journal of Legal Studies.

Volume (Year): 33 (2004)
Issue (Month): ()
Pages: 131-156
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Handle: RePEc:ucp:jlstud:v:33:y:2004:p:131-156

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