Labour Disputes and the Game of Legal Representation
AbstractThis paper explores the prisoner’s dilemma that may result when workers and firms are involved in labour disputes and must decide whether to hire a lawyer to be represented at trial. Using a representative data set of labour disputes in the UK and a large population of French unfair dismissal cases, we find that a lawyer substantially increases the firm’s probability of winning at trial but has little effect on the worker’s victory probability. The UK data contain award and litigation costs and allow us to compute the pay-off matrix. We do not find evidence of a prisoner’s dilemma, given that the total pay-off for the worker is not significantly different whether she is represented or not. Surprisingly, the dominant strategy for the firm is not to be represented.
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Bibliographic InfoPaper provided by CESifo Group Munich in its series CESifo Working Paper Series with number 3084.
Date of creation: 2010
Date of revision:
litigation; lawyers; labour dispute resolution; prisoner’s dilemma;
Find related papers by JEL classification:
- J52 - Labor and Demographic Economics - - Labor-Management Relations, Trade Unions, and Collective Bargaining - - - Dispute Resolution: Strikes, Arbitration, and Mediation
- J53 - Labor and Demographic Economics - - Labor-Management Relations, Trade Unions, and Collective Bargaining - - - Labor-Management Relations; Industrial Jurisprudence
- K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process
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