We list here various academic articles that we consider to be of interest. The authors of this work have no affiliation with SettlementAnalytics. This academic work does not necessarily agree with the analytic or theoretic approaches taken by SettlementAnalytics. Nor do we necessarily endorse all of the views expressed in the works listed below. The references are provided for general information and background reading purposes.
Settlement Errors – Settlement Bargaining Errors
The research listed below identifies a large and consistent error rate in litigation settlement decision making. Broadly speaking, the research points to a very high rate of settlement errors among plaintiffs and defendants alike. Approximately 60% of plaintiffs reject a settlement offer and then fare worse at trial. And 25% of defendants reject a settlement demand and then fare worse at trial. Although the settlement error frequency is lower for defendants, the scale of those errors is on average observed to be more than double the size of the errors made by plaintiffs.
|Title||Author||Citation / Reference|
|Getting to No: A Study of Settlement Negotiations and the Selection of Cases for Trial||Samuel R. Gross and Kent D. Syverud||90 Mich. L. Rev. 319 1991-1992|
|Gains, Losses, and the Psychology of Litigation||Jeffrey R. Rachlinski||70 S. Cal. L. Rev. 113 1996-1997|
|Don’t Try: Civil Jury Verdicts in a System Geared to Settlement||Samuel R. Gross and Kent D. Syverud||44 UCLA L. Rev. 1 1996-1997|
|Let’s Not Make a Deal: An Empirical Study of Decision Making in Unsuccessful Settlement Negotiations||Randall L. Kiser, Martin A. Asher, and Blakeley B. McShane||Journal of Empirical Legal Studies, Volume 5, Issue 3, 551–591, September 2008|
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