Trial’s availability as a fallback shapes settlement bargaining in civil cases

Evidence

The negotiations in civil cases occur “in the shadow of the law”; that is, with the understanding that either party can demand a rial if a satisfactory agreement cannot be reached. Thus, the process of civil justice par- allels the process of criminal justice: the encouragement of negotiated settlements, the prospect of trial should negotiations fail, and the resolution of most cases without trial. — G. Alan Tarr, Judicial Process and Judicial…, 2162

Categorization

• XREF: Directly parallels the criminal justice sequence of negotiated pleas backed by the prospect of trial. — connects to: Trials shape outcomes even in cases that never reach trial. — G. Alan Tarr, Judicial Process and Judicial…, 789; Most civil cases are settled rather than adjudicated through trial — G. Alan Tarr, Judicial Process and Judicial…, 1045; Civil trials are anomalies in a system built to promote settlement — G. Alan Tarr, Judicial Process and Judicial…, 1195 (+18 more)

Broader Connections

• Settlement and plea bargaining are priced by the anticipated trial outcome #expands (1.00) — G. Alan Tarr, Judicial Process and Judicial…, 1256
• Case negotiations occur in the shadow of the law set by trial outcomes #expands (1.00)
• Civil settlements happen in the shadow of what a trial would produce #corroborates (1.00) — G. Alan Tarr, Judicial Process and Judicial…, 1045
• Risk and expense of trial drive both sides toward settlement #expands (1.00) — Lawrence M. Friedman and Grant M. Hayden, American Law, 361
• Settlement terms are shaped by predictions about trial outcomes #corroborates (1.00) — Lawrence M. Friedman and Grant M. Hayden, American Law, 362
• Credible settlement leverage requires genuine willingness to proceed to trial #corroborates (1.00) — Jonathan Harr, A Civil Action, 2447
• Civil cases are typically settled in the shadow of potential trial #corroborates (1.00) — G. Alan Tarr, Judicial Process and Judicial…, 2161
• Trials are rare but structure how nearly all cases get resolved #corroborates (1.00) — G. Alan Tarr, Judicial Process and Judicial…, 1255
• Plea bargaining persists even when caseload and evidence cannot explain it #complicates (0.80) — G. Alan Tarr, Judicial Process and Judicial…, 1773
• Resource disparity between parties shapes civil litigation outcomes #complicates (0.80) — G. Alan Tarr, Judicial Process and Judicial…, 2156
• Rising caseloads without matching resources drove the spread of plea bargaining #complicates (0.80) — G. Alan Tarr, Judicial Process and Judicial…, 1765
• Plea bargaining operates as a rough informal system of precedent #complicates (0.80) — G. Alan Tarr, Judicial Process and Judicial…, 1751
• Civil justice reform uniformly pushes settlement so trials become anomalous exceptions #complicates (0.80) — G. Alan Tarr, Judicial Process and Judicial…, 2384
• Active trial judging extends into negotiating pleas and settlements between parties #complicates (0.80) — G. Alan Tarr, Judicial Process and Judicial…, 568