Transaction, jugement et théorie des jeux. Evaluation et application

The litigation of a dispute follows a definite and well-worn path. If Victim wants to recover damages from Injurer, the lawsuit begins when Victim files a complaint. Injurer is required to file an answer. Next the parties engage in discovery. At any point during the process, the parties may settle the dispute on any terms they find mutually acceptable. The purpose of this paper is twofold: we provide an appraisal of the two-person dynamic games of incomplete information which have been used to model litigation; we compare, through a case-study, the american system (all litigants pay their own court costs) and the french rule (the losing party is liable for the winner?s legal fees, up to a reasonable limit) for allocating court costs. Classification JEL : C72, K41