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Labor Disputes and Pretrial Settlements: The French Case

In: Healthcare Antitrust, Settlements, and the Federal Trade Commission

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  • Jean-Christian Tisserand

Abstract

This chapter focuses on dispute resolution in French labor courts. We empirically investigate the forces that shape decision-making in the pretrial conciliation phase. For that purpose, we compiled a new database from legal documents. The results are twofold. First, conciliation is less likely when plaintiffs are assisted by a lawyer. Although this result might be interpreted in various ways, further analysis shows that the lawyers’ remuneration scheme is the most likely cause of this effect. Second, we find that the likelihood of settlement decreases as the amount at stake increases. These results contribute to the ongoing debate about French labor court reform.

Suggested Citation

  • Jean-Christian Tisserand, 2018. "Labor Disputes and Pretrial Settlements: The French Case," Research in Law and Economics, in: Healthcare Antitrust, Settlements, and the Federal Trade Commission, volume 28, pages 345-373, Emerald Group Publishing Limited.
  • Handle: RePEc:eme:rlwezz:s0193-589520180000028006
    DOI: 10.1108/S0193-589520180000028006
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    More about this item

    Keywords

    Bargaining; labor courts; empirical analysis; settlement; Litigation; Real data; K31; K41;
    All these keywords.

    JEL classification:

    • K31 - Law and Economics - - Other Substantive Areas of Law - - - Labor Law
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

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