Pre-trial bargining and litigation: the search for fairness and efficiency.
The writers examine the ways in which different bargaining procedures asymmetric information affect fairness, which is an essential component of any system of justice. They analyze the equilibria of a pre-trial bargaining model for both fairness and efficiency, investigating whether fair and effici...
| Published in: | Law & Society Review Vol. 34; no. 2; pp. 431 - 457 |
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| Main Authors: | , , |
| Format: | Article |
| Published: |
Wiley-Blackwell
2000
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| Subjects: | |
| Online Access: | View this record in EBSCOhost |
| Summary: | The writers examine the ways in which different bargaining procedures asymmetric information affect fairness, which is an essential component of any system of justice. They analyze the equilibria of a pre-trial bargaining model for both fairness and efficiency, investigating whether fair and efficient equilibria are possible and whether they occur for common parameter values. They characterize their behavioral and distributional properties and conclude that fairness is a primary concern to litigants and society and that fair and efficient equilibria are possible. |
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