A Dynamic View of Litigation. Agent-Based Simulation Insights on Medical Liability Cases

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dc.contributor.author MAYOR, Eunate
dc.contributor.author SARTOR, Giovanni
dc.date.accessioned 2010-08-04T14:32:30Z
dc.date.available 2010-08-04T14:32:30Z
dc.date.issued 2010
dc.identifier.issn 1725-6739
dc.identifier.uri http://hdl.handle.net/1814/14416
dc.description.abstract All substantive areas of law with no exception have a common concern for the processes by which legal disputes get resolved. Naturally, the success of any particular litigation strategy in a legal dispute depends on a number of factors. Examples of influential factors are procedural costs, the judge’s accuracy and, most importantly, the litigation strategy followed by the counterpart in dispute. Previous work has focused on analysing legal disputes individually, thus providing an answer to the question: What litigation strategy may be most appropriate when confronted with a particular counterpart’s strategy? The problem, of course, is that the counterpart’s strategy is rarely known in advance. In contrast, in this paper we adopt a dynamic view of the legal system as a whole. To do this, we assume that the most successful litigation strategies at a certain time are more likely to be followed in the future, so the prevalence of different strategies in the system will generally change in time. Importantly, this change in the frequency of litigation strategies in the legal system will in turn affect the relative success of each litigation strategy, thus creating a double feedback loop between prevalence and success of litigation strategies, which we aim to explore in this paper. Thus, the subject main purpose of this paper is to offer a novel approach to study legal disputes, looking at the whole litigation system as a single entity that evolves through time. In particular, we focus on cases of medical liability, and use agent-based simulation to provide a dynamic view of how various factors, such as the magnitude of legal expenses and the accuracy of the judicial system, affect the type of litigation strategies that are successful and prevail in a certain judicial context. en
dc.format.mimetype application/pdf
dc.language.iso en en
dc.relation.ispartofseries EUI LAW en
dc.relation.ispartofseries 2010/13 en
dc.rights info:eu-repo/semantics/openAccess
dc.subject Agent-Based Simulation en
dc.subject Litigation Strategies en
dc.subject Medical Liability en
dc.subject Legal Expenses en
dc.subject Judicial framework en
dc.title A Dynamic View of Litigation. Agent-Based Simulation Insights on Medical Liability Cases en
dc.type Working Paper en
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