用计算博弈论对诉讼费用转移进行建模

Modeling Fee Shifting with Computational Game Theory

Journal of Legal Studies · 2025
被引 0
ABS 3

中文导读

本文用计算博弈论方法,通过线性规划技术求解离散化诉讼谈判模型的均衡,并灵活调整假设(如证据无关案情、强方信息更优),适用于研究费用转移规则对和解的影响。

Abstract

While modern mathematical models of settlement bargaining in litigation generally seek to identify perfect Bayesian Nash equilibria, previous computational models have lacked game-theoretic foundations. This article illustrates how computational game theory can complement analytical models. It identifies equilibria by applying linear programming techniques to a discretized version of a cutting-edge model of settlement bargaining. This approach makes it straightforward to alter some assumptions in the model, including that the evidence about which the parties receive signals is irrelevant to the merits and that the party with a stronger case on the merits also has better information. The computational model can also toggle easily to explore cases involving liability rather than damages and can incorporate risk aversion. A drawback of the computational model is that bargaining games may have many equilibria, which complicates assessments of whether changes in equilibria associated with parameter variations are causal.

博弈论法律经济学计算经济学诉讼谈判线性规划