Obstacles to achieving in-court settlements
Perspective of Czech judicial practice
Bibliographic Data
| ID | 21982189 |
|---|---|
| Authors | Jan Holas (0000-0002-6986-8559, Masaryk University, corresponding author), Petr Lavický (0000-0002-4694-5515, Masaryk University, corresponding author) |
| Year | 2023 |
| Volume | 13 |
| Issue | 5 |
| Pages | 1817-1840 |
| Publication date | 2023-10-03 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Oñati Socio-legal Series (JOURNAL) |
| Journal identifiers | ISSN: 2079-5971 • E-ISSN: 2079-5971 |
| Publisher | Onati International Institute for the Sociology of Law (PUBLISHER • ES) |
| DOI | 10.35295/osls.iisl.1696 |
| OpenAlex | W4387301562 |
| Language | EN |
| Citations received | 1 |
| References cited | 20 |
In-court settlement is often considered not only socially but also economically advantageous resolution of legal disputes as it is typically less costly for governments and parties to the dispute than a judgment. Using data from a survey experiment administered via computer assisted web interviews with 450 judges and 500 attorneys, we investigate reasons for the low settlement rate and appropriate procedures to increase this rate. We find that a significant factor influencing the settlement probability is the type of case (e. g., passenger transport, loan contracts, insurance). We also find that oral preparation of court hearing, making the parties to the dispute acquainted with the legal opinion of the court as well as the attorney’s support for the parties to settle the dispute have an impact on settlement probabilities
Business · Federal court · Humanities · Payment · Political science · Supreme court · Dispute Resolution and Class Actions · Judicial and Constitutional Studies · Law · Law, Economics, and Judicial Systems · Philosophy
| Citations per year | 1 |
|---|---|
| Citation span | 2025 - 2025 (1) |
| Highly cited | No |