A recent study shows that plaintiffs and defendants alike may want to re-think the decision to rush to trial. The study, which will soon be published in the Journal of Empirical Legal Studies, found that it was routinely erroneous for plaintiffs and defendants to go to trial, in that each, respectively, received less or payed more than was offered during pre-trial settlement negotiations. In only 15% of cases that went to trial was the award less than the plaintiff initially demanded but more than the defendant originally offered.
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