IDEAS home Printed from https://ideas.repec.org/a/eee/jeborg/v241y2026ics0167268125004603.html

Information-signaling in pre-trial bargaining: An experiment

Author

Listed:
  • 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
    as

    Download full text from publisher

    File URL: http://www.sciencedirect.com/science/article/pii/S0167268125004603
    Download Restriction: Full text for ScienceDirect subscribers only

    File URL: https://libkey.io/10.1016/j.jebo.2025.107343?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to

    for a different version of it.

    More about this item

    Keywords

    ;
    ;
    ;
    ;
    ;
    ;
    ;

    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

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:eee:jeborg:v:241:y:2026:i:c:s0167268125004603. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Catherine Liu (email available below). General contact details of provider: http://www.elsevier.com/locate/jebo .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.