Litigation and settlement under loss aversion

Cedric Argenton, Xiaoyu Wang

Research output: Contribution to journalArticleScientificpeer-review

Abstract

In this paper, we investigate how loss aversion affects people’s behavior in private litigation. We find that a loss-averse plaintiff demands a higher settlement for intermediate claims to maintain her threat to proceed to trial following rejection compared to a loss-neutral plaintiff. For larger claims, a loss-averse plaintiff demands a lower offer to increase the settlement probability as loss pains her extra in trial. We also investigate how various policies affect loss-averse litigants’ settlement decisions. Only a reduction in the asymmetry of information about trial odds uniformly leads to higher settlement rates.
Original languageEnglish
Pages (from-to)369-402
Number of pages34
JournalEuropean Journal of Law and Economics
Volume56
Issue number2
DOIs
Publication statusPublished - Oct 2023

Keywords

  • settlement
  • loss aversion
  • asymmetric information

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