Pretrial Negotiation, Litigation, and Procedural Rules
نویسنده
چکیده
We model the ci il dispute resolution process as a two-stage game with the parties bargaining to reach a settlement in the first stage and then playing a litigation expenditure game at trial in the second stage. We find that the English rule shifts the settlement away from the interim fair and unbiased settlement in most circumstances. O erall welfare changes are in fa or of the party who makes the offer in the pretrial negotiation stage. Lawyers howe er, always benefit from the English rule, because fee shifting increases the stake of the trial and thus intensifies the use of the legal ser ice. Ž . JEL K40
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