IDEAS home Printed from https://ideas.repec.org/a/wly/empleg/v6y2009i2p241-278.html
   My bibliography  Save this article

Does Discovery Promote Settlement? An Empirical Answer

Author

Listed:
  • Kuo‐Chang Huang

Abstract

Law and economics scholars fiercely debate the question of whether discovery promotes settlement. The few empirical studies addressing this question in the United States have generated more questions than insights. This article reports the results of an independent empirical study designed to test discovery's effect on facilitating settlement by using official data from more than 175,000 civil cases terminated in Taiwan between 1996 and 2006. As a member of the civil‐law family, Taiwan introduced the concept of discovery into its civil procedure by a 2000 reform. This empirical study shows that the settlement rate for civil cases in all the district courts indeed increased consistently over time following Taiwan's adoption of a discovery system. This article argues that Taiwan's successful experience provides evidence to support the theoretical prediction that the civilian system can enhance the settlement rate by introducing discovery into its civil procedure.

Suggested Citation

  • Kuo‐Chang Huang, 2009. "Does Discovery Promote Settlement? An Empirical Answer," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 6(2), pages 241-278, June.
    • Handle: RePEc:wly:empleg:v:6:y:2009:i:2:p:241-278
    DOI: 10.1111/j.1740-1461.2009.01143.x
    as

    Download full text from publisher

    File URL: https://doi.org/10.1111/j.1740-1461.2009.01143.x
    Download Restriction: no
    File URL: https://libkey.io/10.1111/j.1740-1461.2009.01143.x?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
    ---><---

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Lin, Chang-Ching & Chang, Yun-chien & Chen, Kong-Pin, 2020. "Knowledge in youth is wisdom in age: an empirical study of attorney experience in torts litigation," International Review of Law and Economics, Elsevier, vol. 63(C).
    2. Kuo‐Chang Huang & Chang‐Ching Lin, 2013. "Rescuing Confidence in the Judicial System: Introducing Lay Participation in Taiwan," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 10(3), pages 542-569, September.
    3. Argenton, Cedric & Wang, Xiaoyu, 2020. "Litigation and Settlement under Loss Aversion," Other publications TiSEM b6c48abc-9b47-4c3b-848b-3, Tilburg University, School of Economics and Management.
    4. Greg Goelzhauser, 2024. "Constitutional accountability for police shootings," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 21(1), pages 92-108, March.
    5. Cédric Argenton & Xiaoyu Wang, 2023. "Litigation and settlement under loss aversion," European Journal of Law and Economics, Springer, vol. 56(2), pages 369-402, October.
    6. Morgan Westéus, 2014. "Settlement probability asymmetries in the Swedish Labour Court," European Journal of Law and Economics, Springer, vol. 38(3), pages 485-512, December.
    7. McLeod, Alex, 2021. "Discovery, disclosure, and confidence," International Review of Law and Economics, Elsevier, vol. 66(C).

    More about this item

    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:wly:empleg:v:6:y:2009:i:2:p:241-278. 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: Wiley Content Delivery (email available below). General contact details of provider: https://doi.org/10.1111/(ISSN)1740-1461 .

    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.