To Settle or Not to Settle

August 11, 2008 at 9:20 am | Posted in General Interest | Leave a comment
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From the Legal Blog Watch: “As reported in yesterday’s New York Times, the soon-to-be-released study of civil lawsuits found that most plaintiffs who pass up settlement and go to trial end up with less than if they’d settled. “The lesson for plaintiffs is,” said Randall L. Kiser, a co-author of the study and principal analyst at litigation consulting firm DecisionSet, “in the vast majority of cases, they are perceiving the defendant’s offer to be half a loaf when in fact it is an entire loaf or more.” Plaintiffs who opted for trial over settlement were wrong 61 percent of the time, the study found. But defendants made the wrong decision about going to trial far less often, in just 24 percent of cases. “In just 15 percent of cases,” the NYT reports, “both sides were right to go to trial — meaning that the defendant paid less than the plaintiff had wanted but the plaintiff got more than the defendant had offered.” The study will be published in the September issue of the Journal of Empirical Legal Studies.


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