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Lay Juries, Professional Arbitrators, and the Arbitrator Selection Hypothesis

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  • Donald Wittman

Abstract

Do civil juries follow the broad dictates of the law? For example, do those plaintiffs who suffer greater damages receive greater awards? Are juries consistent? Do juries empty deep pockets? In many states automobile accidents are first tried by a professional arbitrator and then by a jury if one of the litigants is dissatisfied with the outcome. How do the decisions made by professional arbitrators compare to the decisions made by juries? This article seeks to answer these questions by first developing a model of arbitrator selection and then undertaking an empirical study of 380 automobile accident cases that went through both an arbitration and a jury trial. Copyright 2003, Oxford University Press.

Suggested Citation

  • Donald Wittman, 2003. "Lay Juries, Professional Arbitrators, and the Arbitrator Selection Hypothesis," American Law and Economics Review, American Law and Economics Association, vol. 5(1), pages 61-93.
    • Handle: RePEc:oup:amlawe:v:5:y:2003:i:1:p:61-93
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    1. repec:vuw:vuwscr:19179 is not listed on IDEAS
    2. Abraham L. Wickelgren, 2016. "An Economic Analysis of Arbitration versus Litigation for Contractual Disputes," Journal of Law and Economics, University of Chicago Press, vol. 59(2), pages 393-410.
    3. Klement, Alon & Neeman, Zvika, 2011. "Private Selection and Arbitration Neutrality," Working Paper Series 4074, Victoria University of Wellington, The New Zealand Institute for the Study of Competition and Regulation.
    4. Klement, Alon & Neeman, Zvika, 2012. "Does Information about Arbitrators’Win/Loss Ratios Improve Their Accuracy?," Foerder Institute for Economic Research Working Papers 275786, Tel-Aviv University > Foerder Institute for Economic Research.
    5. Klement, Alon & Neeman, Zvika, 2011. "Private Selection and Arbitration Neutrality," Working Paper Series 19179, Victoria University of Wellington, The New Zealand Institute for the Study of Competition and Regulation.

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