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Arbitration Costs And Contingent Fee Contracts, Christopher R. Drahozal
Arbitration Costs And Contingent Fee Contracts, Christopher R. Drahozal
Vanderbilt Law Review
A common criticism of arbitration is that its upfront costs (arbitrators' fees and administrative costs) may preclude consumers and employees from asserting their claims. Some commentators have argued further that arbitration costs undercut the benefits to consumers and employees of contingent fee contracts, which permit the claimants to defer payment of attorneys' fees and litigation expenses until they prevail in the case (and if they do not prevail, avoid such costs altogether). This paper argues that this criticism has it exactly backwards. Rather than arbitration costs interfering with the workings of contingent fee contracts, the contingent fee mechanism provides a …
Demand For A Jury Trial And The Selection Of Cases For Trial, Joni Hersch
Demand For A Jury Trial And The Selection Of Cases For Trial, Joni Hersch
Vanderbilt Law School Faculty Publications
This paper uses a unique data set to examine how parties in civil litigation choose whether to demand a jury trial or to waive this right and whether trial forum influences the probability of trial versus settlement. Plaintiffs are more likely to demand trial by jury when juries are relativety more favorable to plaintiffs in similar cases and jury trials are relatively less costly than bench trials. Cases in which jury trials are demanded are 5.5 percentage points more ikely to settle without a trial than cases in which jury trials are waived. This differential settlement rate by potential trial …