Litigation costs deter even disputants with legitimate grievances

Evidence

Disputants also recognize that litigation, with its attorney fees and court costs, is expensive. A trial also may require plaintiffs to miss work, costing them income or even putting their jobs in jeopardy. Added to these monetary costs may be psychic costs. Disputants may be uncomfortable consulting a lawyer or anxious about appearing in court. Thus, even if they have a legitimate grievance, disputants may conclude that the costs of going to trial outweigh the expected payoff from a successful suit, or that another less costly forum should be used for resolving the dispute. — G. Alan Tarr, Judicial Process and Judicial…, 1066

Categorization

• XREF: connects to: State open-courts clauses promise remedies but costs still deter many from consulting lawyers. — G. Alan Tarr, Judicial Process and Judicial…, 717; The mere threat of dispute costs can deter cheating without real costs being paid. — PAUL R. MILGRO, PAUL R. MILGRO - THE ROLE OF…, 130; Corporate defendants frame litigation costs as waste to justify settling. — , Harr Jonathan - A Civil Action , 2503 (+5 more)

Broader Connections

• Contingency fees make personal injury the main exception to one-shotters avoiding litigation #qualifies (0.78) — G. Alan Tarr, Judicial Process and Judicial…, 1114
• Deliberate opaqueness in dispute resolution discourages parties from litigating to judgment. #expands (0.76) — Lisa Bernestein, Opting out of the Legal System, 88
• Friction, delay, and agency hostility are the built-in costs of the appeals process #expands (0.75) — Michael Lipsky, Street-Level Bureaucracy, 989
• Corporate defendants frame litigation costs as waste to justify settling. #qualifies (0.74) — , Harr Jonathan - A Civil Action, 2503
• The mere threat of dispute costs can deter cheating without real costs being paid. #complicates (0.72) — PAUL R. MILGRO, PAUL R. MILGRO - THE ROLE OF…, 130
• Resource disparity between parties shapes civil litigation outcomes #qualifies (0.72) — G. Alan Tarr, Judicial Process and Judicial…, 2156