Parties engaged in a litigation generally enter the discovery process with different informations regarding their case and/or an unequal endowment in terms of skill and ability to produce evidence and predict the outcome of a trial. Hence, they have to bear different legal costs to assess the...

There exist evidence that asymmetrical information do exist between litigants: not in a way supporting Bebchuk (1984)’s assumption that defendants’ degree of fault is a private information, but more likely, as a result of parties’ predictive power of the outcome at trial (Osborne, 1999)....