Does disputing through agents enhance cooperation? Experimental evidence

Rachel Croson, Robert H. Mnookin

Research output: Contribution to journalArticlepeer-review

16 Scopus citations

Abstract

A distinctive characteristic of our mechanisms for conflict resolution is that litigation is carried out by agents chosen by disputing principals. Does the fact that clients choose lawyers to carry on their disputes facilitate dispute resolution or instead exacerbate conflict? The dominant contemporary view is that the involvement of lawyers magnifies the contentiousness of litigation and wastes social resources, prolonging and escalating the conflict in ways that enrich the legal profession but not the clients. But in a recent article, Ronald Gilson and Robert Mnookin suggest another possibility: by choosing lawyers with reputations for cooperation, clients may commit to cooperative litigation in circumstances where the clients themselves would not otherwise trust each other. Using the methodology of experimental economics, this article presents a test of their idea that, by choosing cooperative agents under well-specified procedures, principals may sustain more cooperation than they could on their own. Our experimental findings are consistent with the Gilson-Mnookin hypothesis.

Original languageEnglish (US)
Pages (from-to)331
Number of pages1
JournalJournal of Legal Studies
Volume26
Issue number2 PART I
DOIs
StatePublished - Jun 1 1997

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