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Opening Offers and Out-of-Court Settlement: A Little Moderation May Not Go a Long Way
(The Ohio State Journal on Dispute Resolution, 1994)
When two litigants resolve a dispute through out-of-court settlement rather than trial, they realize joint gains of trade equal to the sum of the costs both parties would have incurred had they obtained a trial judgment ...
Psychological Barriers to Litigation Settlement: An Experimental Approach
(Michigan Law Review, 1994)
The traditional economic model of settlement breakdown -- as developed by Priest and Klein -- provides an important first step in understanding why some lawsuits settle and others go to trial. Rational miscalculation ...