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Self-Serving Assessments of Fairness and Pretrial Bargaining

Loewenstein, George and Issacharoff, Samuel and Camerer, Colin and Babcock, Linda (1993) Self-Serving Assessments of Fairness and Pretrial Bargaining. Journal of Legal Studies, 22 (1). pp. 135-159. ISSN 0047-2530.

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A persistently troubling question in the legal-economic literature is why cases proceed to trial. Litigation is a negative-sum proposition for the litigants-the longer the process continues, the lower their aggregate wealth. Although civil litigation is resolved by settlement in an estimated 95 percent of all disputes, what accounts for the failure of the remaining 5 percent to settle prior to trial?

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Camerer, Colin0000-0003-4049-1871
Additional Information:© 1993 University of Chicago. We thank Douglas Laycock for his helpful comments. Jodi Gillis, Na-than Johnson, Ruth Silverman, and Arlene Simon provided valuable research assistance. Loewenstein's research was supported by the Russell Sage Foundation. Issacharoff's research was assisted by funding from the members of the Dean's Roundtable at the University of Texas School of Law and by the Shell Oil Foundation. Camerer's research was supported by the National Science Foundation, Grant SES 90-23531.
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Russell Sage FoundationUNSPECIFIED
University of Texas School of LawUNSPECIFIED
Shell Oil FoundationUNSPECIFIED
NSFSES 90-23531
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Record Number:CaltechAUTHORS:20110211-102547293
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Usage Policy:No commercial reproduction, distribution, display or performance rights in this work are provided.
ID Code:22133
Deposited By: Tony Diaz
Deposited On:10 Mar 2011 20:55
Last Modified:03 Oct 2019 02:35

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