Psychological factors and effects of reaching at settlement in civil action

Abstract

The purpose of this research was to examine disputant's cognitive processes in a civil suit empirically. We analyzed the data which was gathered by The Judicial Reform Council. We assumed that a disputant who wishes to reduce costs for suit often chooses settlement procedure in the judicial process and who thinks highly of the judge is more likely to accept judge's proposition. Although we could not confirm the effect of cost anxiety, the results suggested that a good impression forward the judge promotes reaching settlement. It was also suggested that corporations are apt to compound more than natural persons. In addition, analysis of effect of settlement indicated that reaching settlement promotes acceptance, agreement and satisfaction about unfavorable outcomes.