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date: 29 March 2020

Abstract and Keywords

This chapter provides a brief review of selected settlement bargaining models in some areas where new work is developing and where additional work is likely to yield further important results. The focus is on what might be thought of as the environment of the settlement negotiation process, where bargaining failure generally results in trial; this perspective is used to organize the work discussed. The chapter considers the impact on settlement and trial of procedural strategies such as motions for a preliminary injunction, permissive joinder, and discovery and disclosure; pre-trial investments, either by the parties themselves, or by third parties; and the delegation of bargaining authority to the plaintiff’s attorney.

Keywords: settlement bargaining, negotiation, trial, procedural strategies, pre-trial investments, bargaining authority

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