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Apologies and Settlement Levers

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  • Jennifer K. Robbennolt

Abstract

This study uses experimental methods to explore the role of apologies in legal settlement negotiation. Specifically, the study examines the influences of apologies on disputants' perceptions, and the effects of apologies on a number of judgments that influence negotiation outcomes—settlement levers such as reservation, aspirations, and judgments of fair settlement amounts. Five‐hundred‐fifty‐six participants were asked to take the role of potential plaintiffs, to provide their reactions to an experimental scenario, and to indicate the values they would set for each settlement lever. The nature of the communication with the offender and the description of the evidentiary rule governing the admissibility of the offender's statement were manipulated. The data suggest that apologies can promote settlement by altering the injured parties' perceptions of the situation and the offender so as to make them more amenable to settlement discussions and by altering the values of the injured parties' settlement levers in ways that are likely to increase the chances of settlement. The results suggest further, however, that the nature of the apology itself, as well as the factual circumstances surrounding the incident, may play important roles in how apologies are understood.

Suggested Citation

  • Jennifer K. Robbennolt, 2006. "Apologies and Settlement Levers," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 3(2), pages 333-373, July.
    • Handle: RePEc:wly:empleg:v:3:y:2006:i:2:p:333-373
    DOI: 10.1111/j.1740-1461.2006.00072.x
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    Cited by:

    1. 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.
    2. Friehe, Tim & Pham, Cat Lam, 2021. "Accident avoidance and settlement bargaining: The role of reciprocity," International Review of Law and Economics, Elsevier, vol. 68(C).
    3. Jennifer K. Robbennolt & Jessica Bregant & Verity Winship, 2023. "Settlement schemas: How laypeople understand civil settlement," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 20(3), pages 488-533, September.
    4. Daryl Koehn & Maria Goranova, 2018. "Do Investors See Value in Ethically Sound CEO Apologies? Investigating Stock Market Reaction to CEO Apologies," Journal of Business Ethics, Springer, vol. 152(2), pages 311-322, October.
    5. Benjamin Ho & Elaine Liu, 2011. "What's an Apology Worth? Decomposing the Effect of Apologies on Medical Malpractice Payments Using State Apology Laws," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 8(s1), pages 179-199, December.

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