Litigation Finance Journal
Litigation Game Theory Professional Development Programs
The Litigation Game
Litigation is a hard-fought conflict between opposing economic interests. But although the battle lines are clear enough, decision making is not so simple. With the potential for strategic interaction between legal opponents, litigation is also a complex puzzle with all the characteristics of a competitive game. The optimal decision or strategy for any plaintiff or defendant is not only a matter of individual opinion or unilateral action; legal adversaries push back and have an economic effect.
Litigants and their counsel must answer a more complex question: What decision or strategy is optimizing given an uncertain strategic response from an equally self-interested legal opponent? Fully considered, this is a very difficult question, which is not easily solved with intuition or traditional decision-making tools. But fortunately it has an answer. Welcome to the world of litigation game theory (LGT).
For more than thirty-years this more nuanced understanding of litigation has been enabled by advanced research in the field of legal-economics. Founded on Nobel Prize-winning ideas, the resulting game theory models of legal dispute have provided an analytic framework that is simply better suited to the questions at the heart of any lawsuit. [More]