Logo image
Back
Cost, risk, legal practitioners and ‘personal crusades’ – Empirical research on why commercial litigants settle their disputes
Thesis   Open access

Cost, risk, legal practitioners and ‘personal crusades’ – Empirical research on why commercial litigants settle their disputes

Jessica Rapana
Honours, Murdoch University
2021
pdf
Rapana2021.pdfDownloadView
Whole Thesis Open Access

Abstract

This thesis will explore the primary factors which drive litigants to settle their commercial legal disputes, within the bounds of Western Australia. This thesis will broadly examine the existing literature on settlement and litigation, then compare and contrast this against empirical research carried out by the author to determine why litigants settle, and what factors they take into consideration when settling. This is important because in WA, the vast majority of civil disputes are resolved using alternative methods of dispute resolution. Very often, this will result in a private settlement agreement between the parties ending the dispute. A key reason for settlement is that commercial litigation is a complex and complicated process for most litigants. It requires significant time, energy and resources to undertake. Because litigants are frequently presented with different choices, possibilities and risk throughout their dispute, it can be difficult for them to know what decisions to make in order to maximise their outcome. In addition to this, they will have varying priorities, aims and expectations which will shape their decision-making processes. This research, then, asks lawyers about what factors have an impact on their clients’ decisions. Ultimately, the overarching categories of factors which litigants consider when settling include: cost, risk, various roles of legal practitioners and emotional drivers.

Details

Metrics

87 File views/ downloads
162 Record Views
Logo image