Spite and retaliation in pretrial bargaining

Why do disputes go to trial when parties agree about expected judgments? We model bargaining with private information about motives: plaintiffs may be spiteful, defendants may retaliate against spite. In the separating equilibrium, trials occur when spiteful plaintiffs meet retaliatory defendants, so observed trials are endogenously selected toward high-conflict pairings. In pooling equilibria, settlement is certain. Both types of equilibria can coexist for intermediate parameter values, suggesting small institutional changes can discontinuously affect trial rates. • Private information about motives (spite, retaliation) distorts pretrial bargaining. • Separating equilibrium: high demand signals spite; trials only with retaliators. • Pooling equilibria: common demand acceptable to retaliators; settlement is certain. • Trials are endogenously selected toward high-conflict plaintiff-defendant pairs.

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Publication Details

Journal
Economics Letters
Published
2026-03-09
DOI
https://doi.org/10.1016/j.econlet.2026.112922
Primary Topic
Game Theory and Voting Systems
Type
article
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article

Spite and retaliation in pretrial bargaining

Mehdi Ayouni, Yannick Gabuthy, Tim Friehe
Economics Letters
Game Theory and Voting Systems
article

Spite and retaliation in pretrial bargaining

Mehdi Ayouni, Yannick Gabuthy, Tim Friehe
article en

Abstract

Why do disputes go to trial when parties agree about expected judgments? We model bargaining with private information about motives: plaintiffs may be spiteful, defendants may retaliate against spite. In the separating equilibrium, trials occur when spiteful plaintiffs meet retaliatory defendants, so observed trials are endogenously selected toward high-conflict pairings. In pooling equilibria, settlement is certain. Both types of equilibria can coexist for intermediate parameter values, suggesting small institutional changes can discontinuously affect trial rates. • Private information about motives (spite, retaliation) distorts pretrial bargaining. • Separating equilibrium: high demand signals spite; trials only with retaliators. • Pooling equilibria: common demand acceptable to retaliators; settlement is certain. • Trials are endogenously selected toward high-conflict plaintiff-defendant pairs.

Economics LettersVol. 263
Centre National de la Recherche Scientifique (FR), Ifo Institute for Economic Research (DE), Philipps University of Marburg (DE), EconomiX (FR), Université de Lorraine (FR)
Gender equality
Openalex Percentile: Top 33%
Game Theory and Voting Systems
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