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Persistent link: https://www.econbiz.de/10011184134
The aim of this paper is to determine the optimal fee contract between a plaintiff and his lawyer in a trial process where liability and damages are treated sequentially: the court determines liability at the first stage and chooses damages at the second one. The plaintiff–lawyer relationship...
Persistent link: https://www.econbiz.de/10011189306
When two parties are embedded in a dispute, they generally have the possibility to bargain before an external solution is imposed to them, notably through alternative dispute resolution. This bargaining phase may either result from a choice of disputants to negotiate or be imposed by laws or...
Persistent link: https://www.econbiz.de/10010863208
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[fre] Cet article présente une revue de la littérature consacrée à l'étude des effets de la protection de l'emploi, relative notamment au licenciement individuel, sur le comportement des agents économiques impliqués dans la relation de travail. Ces analyses montrent que les règles...
Persistent link: https://www.econbiz.de/10011147246
Persistent link: https://www.econbiz.de/10005809136
In this article, we show that the presence of the judiciary in the background of labour relationships is not neutral within these relations: its potential intervention in case of an ex-post layoff and conflict over the severance payment can promote ex-ante efficient specific investment...
Persistent link: https://www.econbiz.de/10008522716
This paper presents an experiment performed to test the properties of an innovative bargaining mechanism (called automated negotiation) used to resolve disputes arising from Internet-based transactions. The main result shows that the settlement rule tends to chill bargaining as it creates...
Persistent link: https://www.econbiz.de/10005224673
This paper proposes a theoretical analysis of final-offer arbitration in which disputants may be represented by lawyers who can be paid by flat, contingent, or conditional fees. We derive the equilibrium lawyers' efforts to defend their clients and the equilibrium parties' proposals made to the...
Persistent link: https://www.econbiz.de/10010714283
The purpose of our paper is to generalize the model by Arnott et al. (1990a) to situations with a single origin and destination connected by two routes and to test the analytical results in an experiment with discrete time departure choices. The experimental evidence does not support the...
Persistent link: https://www.econbiz.de/10014619068