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Settlement Escrows

Authors: Gertner, Robert H.; Miller, Geoffrey P.;

Settlement Escrows

Abstract

We analyze settlement escrows as an inexpensive method to reduce delay in pretrial bargaining. In a settlement escrow, an agent receives cash settlement offers from the parties to a lawsuit. If the defendant offers more than the plaintiff demands, the court imposes settlement at the midpoint of the offers. Absent settlement, the offers remain secret. We develop a model where adding a settlement escrow to a bargaining game reduces delay by lowering the costs of making reasonable settlement offers. Since offers remain secret if they do not cross, a disputant is less able to infer weakness in an opponent's case from his willingness to settle. Parties are thus willing to make offers into the escrow which they would not make directly. In addition to the model, we discuss how escrows may reduce delay if failure to settle is due to psychological factors, other strategic effects, or lawyer/client agency problems. Copyright 1995 by the University of Chicago.

Country
United States
Related Organizations
Keywords

Law

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Found an issue? Give us feedback
selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
11
Average
Top 10%
Average
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