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Biased judgements of fairness in bargaining: A replication in the laboratory

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  • Hippel, Svenja
  • Hoeppner, Sven

Abstract

In an influential paper, Babcock, Loewenstein, Issacharoff, and Camerer (1995) uncover evidence that knowledge about one's role in a settlement bargaining situation increases the frequency of bargaining impasse. The authors argue that role knowledge triggers self-serving interpretations of the case-related information that is the foundation of settlement bargaining. Self-servingly biased perception subsequently impedes successful settlement bargaining. We replicate the experiment in the computer laboratory. Our results are largely in line with the original findings. When participants know their bargaining role before studying the case materials rather than afterwards, settlement frequency decreases. This treatment effect is substantially smaller than in the original study. Given the new data, a Bayesian replication analysis reallocates the large share of credibility to a null model. We argue that this result is driven by the much smaller effect size that we observe in the highly controlled environment of the laboratory. Moreover, we extend the original analysis by estimating causal mediation effects of self-serving bias measures on the observed relationship between role-knowledge and settlement outcomes and find that self-servingly weighing legal arguments completely mediates the negative effect of role-knowledge on settlement frequency. In conclusion, we evaluate our replication as successful.

Suggested Citation

  • Hippel, Svenja & Hoeppner, Sven, 2019. "Biased judgements of fairness in bargaining: A replication in the laboratory," International Review of Law and Economics, Elsevier, vol. 58(C), pages 63-74.
  • Handle: RePEc:eee:irlaec:v:58:y:2019:i:c:p:63-74
    DOI: 10.1016/j.irle.2019.02.001
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    References listed on IDEAS

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    1. Ben Greiner, 2015. "Subject pool recruitment procedures: organizing experiments with ORSEE," Journal of the Economic Science Association, Springer;Economic Science Association, vol. 1(1), pages 114-125, July.
    2. repec:cup:judgdm:v:6:y:2011:i:8:p:771-781 is not listed on IDEAS
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    4. George L. Priest & Benjamin Klein, 1984. "The Selection of Disputes for Litigation," The Journal of Legal Studies, University of Chicago Press, vol. 13(1), pages 1-56, January.
    5. Loewenstein, George & Issacharoff, Samuel & Camerer, Colin & Babcock, Linda, 1993. "Self-Serving Assessments of Fairness and Pretrial Bargaining," The Journal of Legal Studies, University of Chicago Press, vol. 22(1), pages 135-159, January.
    6. Babcock, Linda, et al, 1995. "Biased Judgments of Fairness in Bargaining," American Economic Review, American Economic Association, vol. 85(5), pages 1337-1343, December.
    7. Jennifer F. Reinganum & Louise L. Wilde, 1986. "Settlement, Litigation, and the Allocation of Litigation Costs," RAND Journal of Economics, The RAND Corporation, vol. 17(4), pages 557-566, Winter.
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    10. Camerer, Colin & Dreber, Anna & Forsell, Eskil & Ho, Teck-Hua & Huber, Jurgen & Johannesson, Magnus & Kirchler, Michael & Almenberg, Johan & Altmejd, Adam & Chan, Taizan & Heikensten, Emma & Holzmeist, 2016. "Evaluating replicability of laboratory experiments in Economics," MPRA Paper 75461, University Library of Munich, Germany.
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    Cited by:

    1. Hippel, Svenja & Hoeppner, Sven, 2021. "Contracts as reference points: A replication," International Review of Law and Economics, Elsevier, vol. 65(C).

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    More about this item

    Keywords

    Pretrial settlement bargaining; Self-serving bias; Laboratory experiment; Replication; Bayesian statistics;
    All these keywords.

    JEL classification:

    • B49 - Schools of Economic Thought and Methodology - - Economic Methodology - - - Other
    • C18 - Mathematical and Quantitative Methods - - Econometric and Statistical Methods and Methodology: General - - - Methodolical Issues: General
    • C49 - Mathematical and Quantitative Methods - - Econometric and Statistical Methods: Special Topics - - - Other
    • D90 - Microeconomics - - Micro-Based Behavioral Economics - - - General
    • K13 - Law and Economics - - Basic Areas of Law - - - Tort Law and Product Liability; Forensic Economics
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

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