Psychological Barriers to Litigation Settlement: An Experimental Approach

Even in the absences of miscalculation and strategic bargaining, psychological processes create barriers that preclude out-of-court settlements in some cases. It is predicted that psychological effects will impact how litigants perceive, understand and respond to settlement offers.

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Bibliographic Details
Published in:Michigan law review 1994-10, Vol.93 (1), p.107-192
Main Authors: Korobkin, Russell, Guthrie, Chris
Format: Article
Language:English
Subjects:
Actions and defenses
Attorneys
Automobiles
Choice (Psychology)
Civil proceedings
Compromise (law)
Compromise and settlement
Dispute settlement
Experimentation
Judicial process
Jurisprudence
Landlords
Lawsuits
Litigants
Litigation
Psychological aspects
Psychology
Settlement offers
Settlements & damages
Supermarkets
Trial practice
Trials
U.S.A
United States
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Description
Summary:Even in the absences of miscalculation and strategic bargaining, psychological processes create barriers that preclude out-of-court settlements in some cases. It is predicted that psychological effects will impact how litigants perceive, understand and respond to settlement offers.
ISSN:0026-2234
1939-8557
DOI:10.2307/1289916