Adversarial Bias and Court-Appointed Experts in Litigation

16 Pages Posted: 10 Sep 2018

See all articles by Chulyoung Kim

Chulyoung Kim

Yonsei University

Chansik Yoon

Princeton University

Date Written: August 2018

Abstract

We provide a simple framework in which the level of adversarial bias is endogenously determined in a litigation process. Using this model, we study the effect of using a court-appointed expert on the level of adversarial bias and the average error rates, and find an interesting trade-off: although the judge can reduce the number of mistakes at trial by consulting a court-appointed expert, litigants choose to hire a biased expert more frequently in response, which increases the level of adversarial bias, thereby inducing evidence distortion more often.

Keywords: adversarial bias, court-appointed expert, litigation model, error rate

JEL Classification: C72, D82, K41

Suggested Citation

Kim, Chulyoung and Yoon, Chansik, Adversarial Bias and Court-Appointed Experts in Litigation (August 2018). Available at SSRN: https://ssrn.com/abstract=3240472 or http://dx.doi.org/10.2139/ssrn.3240472

Chulyoung Kim (Contact Author)

Yonsei University ( email )

Seoul
Korea, Republic of (South Korea)

HOME PAGE: http://https://sites.google.com/site/chulyoungkim/

Chansik Yoon

Princeton University ( email )

Princeton, NJ
United States

HOME PAGE: http://sites.google.com/view/chansikyoon

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