Towards win-win: Evidence from commercial dispute resolution in India (joint with Umer Sohail, Sandhya Seetharaman and Raghav Pandey) NEW PAPER
Type: Working Paper, 2025
Resolving a contractual dispute through mediation could preempt uncertainty and the cost of litigation, and thus could be a strategy to reduce pending case backlog in courts. We leverage random assignment of commercial and contractual cases to judges in newly created commercial courts in India to examine the impact of judge-led mediation of disputes on case outcomes and litigating firms’ profits. The resolution of a case through mutual reconciliation (“settlement”) rather than a full-length trial from being assigned a settlement-prone judge is negatively associated with its duration and its pending status in the court. We estimate a large, positive effect of judge settlement-propensity on the profitability of plaintiff firms. Defendants experience a negative effect around the timing of suing but settlement reverses the trend, potentially stemming the losses associated with lengthy and uncertain trial outcomes
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