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Does Disputing through Agents Enhance Cooperation? Experimental Evidence

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  • Croson, Rachel
  • Mnookin, Robert H

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. Copyright 1997 by the University of Chicago.

Suggested Citation

  • Croson, Rachel & Mnookin, Robert H, 1997. "Does Disputing through Agents Enhance Cooperation? Experimental Evidence," The Journal of Legal Studies, University of Chicago Press, vol. 26(2), pages 331-345, June.
    • Handle: RePEc:ucp:jlstud:v:26:y:1997:i:2:p:331-45
    DOI: 10.1086/467998
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    Cited by:

    1. Eric Cardella & Carl Kitchens, 2017. "The impact of award uncertainty on settlement negotiations," Experimental Economics, Springer;Economic Science Association, vol. 20(2), pages 333-367, June.
    2. Eisenkopf, Gerald & Friehe, Tim & Wohlschlegel, Ansgar, 2019. "On the role of emotions in experimental litigation contests," International Review of Law and Economics, Elsevier, vol. 57(C), pages 90-94.
    3. Conley, John P. & Neilson, William, 2009. "Endogenous games and equilibrium adoption of social norms and ethical constraints," Games and Economic Behavior, Elsevier, vol. 66(2), pages 761-774, July.
    4. Sahin, M. Abdullah & Sirmans, C.F. & Yavas, Abdullah, 2013. "Buyer brokerage: Experimental evidence," Journal of Housing Economics, Elsevier, vol. 22(4), pages 265-277.
    5. Bowles, Hannah Riley & Babcock, Linda & McGinn, Kathleen L., 2005. "Constraints and Triggers: Situational Mechanics of Gender in Negotiation," Working Paper Series rwp05-051, Harvard University, John F. Kennedy School of Government.

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