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 language | English |
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Pages (from-to) | 369-402 |
Number of pages | 34 |
Journal | European Journal of Law and Economics |
Volume | 56 |
Issue number | 2 |
DOIs | |
Publication status | Published - Oct 2023 |
Keywords
- settlement
- loss aversion
- asymmetric information