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Information-signaling in pre-trial bargaining: An experiment

Author

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  • Guerra, Alice
  • Lavie, Shay
  • Turrini, Enya

Abstract

This paper provides experimental evidence on the effectiveness of self-penalizing commitments as signaling mechanisms in pre-trial bargaining under asymmetric information, aimed at reducing trial rates. Using an online experiment (N=2,041), we design a novel two-type signaling game with asymmetric information, where one party possesses private information regarding the strength of its case, and proposes a take-it-or-leave-it settlement offer to an uninformed party. In the baseline scenario, the uninformed party must decide whether to accept the offer, or reject it and proceed to a costly trial. In our novel signaling treatments, the informed party can credibly commit ex ante to a costly monetary penalty contingent upon losing at trial. Consistent with theoretical predictions, our results show that self-penalizing commitments reduce trial rates. Informed parties are more likely to commit when they have strong cases; and uninformed parties interpret the commitment as a signal of merits, and are more likely to settle less-generous offers when these are coupled with a commitment. However, we also document departures from theory: effect magnitudes are generally smaller than expected; the commitment device is both under- and over-used across offer ranges; and, when committing is possible, buyers sometimes penalize its omission by rejecting otherwise generous offers.

Suggested Citation

  • Guerra, Alice & Lavie, Shay & Turrini, Enya, 2026. "Information-signaling in pre-trial bargaining: An experiment," Journal of Economic Behavior & Organization, Elsevier, vol. 241(C).
  • Handle: RePEc:eee:jeborg:v:241:y:2026:i:c:s0167268125004603
    DOI: 10.1016/j.jebo.2025.107343
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    Keywords

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    JEL classification:

    • C72 - Mathematical and Quantitative Methods - - Game Theory and Bargaining Theory - - - Noncooperative Games
    • C91 - Mathematical and Quantitative Methods - - Design of Experiments - - - Laboratory, Individual Behavior
    • D82 - Microeconomics - - Information, Knowledge, and Uncertainty - - - Asymmetric and Private Information; Mechanism Design
    • D83 - Microeconomics - - Information, Knowledge, and Uncertainty - - - Search; Learning; Information and Knowledge; Communication; Belief; Unawareness
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

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