通过诉讼走向和解

Litigating Toward Settlement

Journal of Law, Economics, and Organization · 2012
被引 61
ABS 3

中文导读

研究了民事诉讼中动议实践(尤其是非证据开示动议)如何影响双方对案件的了解,从而影响和解时机,发现动议提交显著加速和解,且原告胜诉效果更强。

Abstract

Civil litigation typically ends when the parties compromise. While existing theories of settlement primarily focus on information exchange, we instead examine how motion practice, especially nondiscovery motions, can substantially shape parties’ knowledge about their cases and thereby influence the timing of settlement. Using docket-level federal district court data, we find a number of strong effects regarding how motions can influence this process: including that the filing of a motion significantly speeds case settlement; that granted motions are more immediately critical to settlement timing than motions denied; and that plaintiff victories have a stronger effect than defendant victories. These results provide a uniquely detailed look at the mechanism of compromise via information exchange and motion practice in litigation while simultaneously yielding evidence that this effect goes well beyond the traditionally studied discovery process..

民事诉讼法律经济学和解机制动议实践