dc.contributor.author | Guthrie, Chris | |
dc.contributor.author | Korobkin, Russell | |
dc.date.accessioned | 2015-12-16T18:37:25Z | |
dc.date.available | 2015-12-16T18:37:25Z | |
dc.date.issued | 1994 | |
dc.identifier.citation | 10 Ohio St. J. on Disp. Resol. 1 (1994) | en_US |
dc.identifier.uri | http://hdl.handle.net/1803/7362 | |
dc.description | article published in law journal | en_US |
dc.description.abstract | When two litigants resolve a dispute through out-of-court settlement rather than trial, they realize joint gains of trade equal to the sum of the costs both parties would have incurred had they obtained a trial judgment minus the costs they incur reaching settlement. This opportunity for mutual gain causes most civil lawsuits to settle out-of-court. Yet, in spite of the opportunity for joint gain, negotiations fail in a significant number of lawsuits. One reason for this surprising result is that even when joint gains are substantial and obvious to the litigants, they still must agree on a method of dividing those gains of trade - a delicate and often perilous undertaking. | en_US |
dc.format.extent | 1 PDF (23 pages) | en_US |
dc.format.mimetype | application/pdf | |
dc.language.iso | en_US | en_US |
dc.publisher | The Ohio State Journal on Dispute Resolution | en_US |
dc.subject.lcsh | Compromise (Law) -- United States -- Psychological aspects | en_US |
dc.subject.lcsh | Dispute resolution (Law) -- United States | en_US |
dc.title | Opening Offers and Out-of-Court Settlement: A Little Moderation May Not Go a Long Way | en_US |
dc.type | Article | en_US |