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Sharing of Information Prior to Settlement or Litigation

Steven Shavell ()

RAND Journal of Economics, 1989, vol. 20, issue 2, 183-195

Abstract: In this article the voluntary sharing of information prior to settlement negotiations is studied in a model where one type of litigant -- plaintiffs, to be exact -- possesses private information. In equilibrium, plaintiffs whose expected judgments would exceed a certain threshold will reveal their information (if they can credibly establish it) and settle for higher amounts than if they were silent; plaintiffs with lower expected judgments will remain silent and settle. The effect of the legal right of "discovery" is also examined.

Date: 1989
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