Robert Cooter, Stephen Marks, and Robert Mnookin,
Bargaining in the Shadow of the Law: A Testable Model of Strategic Behavior, 11
J. Legal Stud.
Available at: http://scholarship.law.berkeley.edu/facpubs/85
Examines the fundamental cause of pretrial bargaining. Characteristics of bargaining in the shadow of the law; Association between player optimism and trial; Factors influencing the outcome of pre-trial bargaining.