和解或诉讼前的信息共享

Sharing of Information Prior to Settlement or Litigation

RAND Journal of Economics · 1989
被引 178
人大 AFT50ABS 4

中文导读

研究原告在和解谈判前自愿共享私人信息的策略,发现预期判决高的原告会披露信息以获得更高和解金,而预期低的则保持沉默;还探讨了法律“发现”权利的影响。

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.

信息共享庭前和解诉讼证据开示