Why Go to Court? Bargaining Failure under the Shadow of Trial with Complete Information
Why do legal disputes ever go to trial? Prior research emphasizes the role of mistakes, irrationalities, or asymmetric information because rational litigants with complete or symmetric information should choose pre-trial settlements over the costs and risks of trial. Using a dynamic incomplete-contracting framework, we provide an overlooked rationale for going to court. Even though risky and costly, going to court can be both rational and socially efficient when a court decision enhances property rights and deters future costly litigation. Experimental evidence supports these predictions. Our findings provide new insights into the incidence of litigation and trial.
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- Urs Fischbacher, 2007. "z-Tree: Zurich toolbox for ready-made economic experiments," Experimental Economics, Springer, vol. 10(2), pages 171-178, June.
- Stergios Skaperdas & Samarth Vaidya, 2007.
"Persuasion as a Contest,"
CESifo Working Paper Series
2160, CESifo Group Munich.
- Stergios Skaperdas & Samarth Vaidya, 2008. "Persuasion as a Contest," Economics Series 2008_07, Deakin University, Faculty of Business and Law, School of Accounting, Economics and Finance.
- Stergios Skaperdas & Samarth Vaidya, 2007. "Persuasion as a Contest," Working Papers 070809, University of California-Irvine, Department of Economics.
- William M. Landes, 1974.
"An Economic Analysis of the Courts,"
in: Essays in the Economics of Crime and Punishment, pages 164-214
National Bureau of Economic Research, Inc.
- 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.
- Lucian Arye Bebchuk, 1984. "Litigation and Settlement under Imperfect Information," RAND Journal of Economics, The RAND Corporation, vol. 15(3), pages 404-415, Autumn.
- Garfinkel, M.R. & Skaperdas, S., 2000.
"Conflict without Misperceptions or Incomplete Information: how the Future Matters,"
99-00-11, California Irvine - School of Social Sciences.
- Michelle R Garfinkel & Stergios Skaperdas, 2001. "Conflict Without Misperceptions or Incomplete Information: How the Future Matters," Levine's Working Paper Archive 563824000000000011, David K. Levine.
- Powell, Robert, 2006. "War as a Commitment Problem," International Organization, Cambridge University Press, vol. 60(01), pages 169-203, January.
- Che, Yeon-Koo & Yi, Jong Goo, 1993.
"The Role of Precedents in Repeated Litigation,"
Journal of Law, Economics and Organization,
Oxford University Press, vol. 9(2), pages 399-424, October.
- Farmer, Amy & Pecorino, Paul, 1999. " Legal Expenditure as a Rent-Seeking Game," Public Choice, Springer, vol. 100(3-4), pages 271-88, September.
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