Crowdsourcing & Data Analytics: The New Settlement Tools

8 Pages Posted: 1 May 2018 Last revised: 8 Dec 2018

See all articles by Bernard Chao

Bernard Chao

University of Denver Sturm College of Law

Christopher T. Robertson

University of Arizona - James E. Rogers College of Law; Harvard University - Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics

David V. Yokum

University of Arizona - James E. Rogers College of Law; University of Arizona - College of Science

Date Written: April 30, 2018

Abstract

By protecting the right to a jury, the State and Federal Constitutions recognize the fundamental value of having civil and criminal disputes resolved by laypersons. However actual trials are relatively rare, in part because parties seek to avoid the risks and cost of trials, and courts seek to clear dockets efficiently. Even as settlement may be desirable, it is sometimes difficult to resolve a dispute. Parties naturally view their cases from different perspectives, and these perspectives often cause both sides to be overly optimistic, seeking unreasonably large or unreasonably small resolutions.

This article describes a novel method of incorporating layperson perspectives to provide parties more accurate information about the value of their case. Specifically, we suggest that working with mediators or settlement judges, the parties should create mini-trials and then recruit hundreds of online mock jurors to render decisions. By applying modern statistical techniques to these results, the mediators can show the parties the likelihood of possible outcomes and also collect qualitative information about strengths and weaknesses for each side. These data will counter the parties’ unrealistic views and thereby facilitate settlement.

Keywords: settlement, crowdsourcing, optimism bias, courts, alternative dispute resolution

JEL Classification: K41

Suggested Citation

Chao, Bernard H. and Robertson, Christopher T. and Yokum, David V., Crowdsourcing & Data Analytics: The New Settlement Tools (April 30, 2018). 102 Judicature 62 (Fall 2018); U Denver Legal Studies Research Paper No. 18-13. Available at SSRN: https://ssrn.com/abstract=3171186 or http://dx.doi.org/10.2139/ssrn.3171186

Bernard H. Chao (Contact Author)

University of Denver Sturm College of Law ( email )

2255 E. Evans Avenue
Denver, CO 80208
United States

Christopher T. Robertson

University of Arizona - James E. Rogers College of Law ( email )

P.O. Box 210176
Tucson, AZ 85721-0176
United States

HOME PAGE: http://www.law.arizona.edu/faculty/getprofile.cfm?facultyid=714

Harvard University - Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics ( email )

23 Everett Street
Cambridge, MA 02155
United States

David V. Yokum

University of Arizona - James E. Rogers College of Law ( email )

P.O. Box 210176
Tucson, AZ 85721-0176
United States

University of Arizona - College of Science ( email )

1040 E. Fourth Street
Tucson, AZ 85721-0077
United States

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