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- Title
EMPIRICAL RESEARCH ON OFFERS OF SETTLEMENT: A PRELIMINARY REPORT.
- Authors
ROWE JR., THOMAS D.; VIDMAR, NEIL
- Abstract
The article discusses the results of the early stages of an ongoing empirical study of the "offer of settlement" or "offer of judgment" device with emphasis on encouraging settlement in civil litigation together with interpretations and proposed amendments of Federal rule of Civil Procedure 68 on offers of judgment. The report starts with a description of the background from which the study takes place and includes findings from simulations using Duke University law and business students and Washington University law students. It suggests that a more extensive and realistic research has to be done before empirical knowledge on the effects of offer devices can be disclosed with some confidence and reach any conclusions about net impact on settlement rates.
- Subjects
STRUCTURED financial settlements; ACTIONS &; defenses (Law); LEGAL procedure; EMPIRICAL research; DUKE University; WASHINGTON University (Saint Louis, Mo.)
- Publication
Law & Contemporary Problems, 1988, Vol 51, Issue 4, p13
- ISSN
0023-9186
- Publication type
Article
- DOI
10.2307/1191884