Filing a complaint can strengthen a plaintiff’s leverage in informal settlement negotiations.

Evidence

Even a plaintiff who has no intention of taking a dispute to trial may have tactical reasons for filing a complaint. She might file a complaint to “engage the authority of the legal system” on her behalf, thereby strengthening her position in the informal resolution of the dispute. Filing a complaint may also signal how seriously the plaintiff views the matter under dispute, thereby inviting the defendant to enter into negotiations to deal with the situation. — G. Alan Tarr, Judicial Process and Judicial…, 1077

Categorization

• ADDENDUM: Relates to litigation strategy — suits as bargaining leverage, distinct from trials.
• XREF: connects to: Filing a complaint can signal resolve and push defendants toward settlement negotiation. — G. Alan Tarr, Judicial Process and Judicial…, 2219; Credible settlement leverage requires genuine willingness to proceed to trial — Jonathan Harr, A Civil Action, 2447; Risk and expense of trial drive both sides toward settlement — Lawrence M. Friedman and Grant M. Hayden, American Law: An Introduction, 361 (+1 more)

Broader Connections

• Filing a complaint can signal resolve and push defendants toward settlement negotiation. #corroborates (0.92) — G. Alan Tarr, Judicial Process and Judicial…, 2219
• Credible settlement leverage requires genuine willingness to proceed to trial #qualifies (0.74) — Jonathan Harr, A Civil Action, 2447
• Risk and expense of trial drive both sides toward settlement #qualifies (0.73) — Lawrence M. Friedman and Grant M. Hayden, American Law, 361