4894 Inside Post-Socialist Courts : The Determinants of Adjudicatory Outcomes in Slovenian Commercial Disputes

Content Provider	Semantic Scholar
Author	Dimitrova-Grajzl, Valentina P. Grajzl, Peter Zajc, Katarina
Copyright Year	2014
Abstract	Despite the judiciary’s central role in the capitalist market system, micro-level empirical analyses of courts in post-socialist countries are remarkably rare. This paper draws on a unique hand-collected dataset of commercial claims filed at Slovenian courts to examine the determinants of two salient adjudicatory outcomes: whether a case was resolved via trial or settlement and if the case was tried, whether the plaintiff was awarded the initial claim. Consistent with the divergent expectations theory of litigation, we find that trial-based resolution is more likely when the case is complex and less likely when parties use mediation. Addressing sample selection and endogeneity concerns, we show that defendant’s legal representation, plaintiff’s profitability, and, importantly, court identity are robust predictors of plaintiff victory at trial. Thus, more than two decades after the start of transition in Slovenia, the judicial system is still a source of legal inconsistency and uncertainty. JEL-Code: K400, K410, P370, D020.
File Format	PDF HTM / HTML
Alternate Webpage(s)	https://www.econstor.eu/bitstream/10419/102156/1/cesifo_wp4894.pdf
Language	English
Access Restriction	Open
Subject Keyword	Adjudication Awards Complexity Document completion status - Documented Endogeneity (econometrics) Financial cost Mediation (statistics) Silo (dataset) Sparse matrix Subversion Venue (sound system) Word lists by frequency court
Content Type	Text
Resource Type	Article