Inside the Mind of the Client: An Analysis of Litigants' Decision Criteria for Choosing Procedures

Shestowsky D. Inside the mind of the client: An analysis of litigants' decision criteria for choosing procedures. Conflict Resolution Quarterly, 2018, Volume 36, Issue 1, 69–87, DOI/10.1002/crq.21228

Posted: 3 Oct 2018

See all articles by Donna Shestowsky

Donna Shestowsky

University of California, Davis - School of Law

Date Written: July 26, 2018

Abstract

This article presents findings from the first longitudinal study to ask civil litigants prospectively what criteria they plan to consider when selecting legal procedures and then retroactively assess the criteria used to make those decisions. The most commonly referenced ex ante criteria are lawyer's advice, cost, and time. The retrospective reasons also include these factors, but the list is narrower and more practical. Litigants who initially listed a desire to reduce costs or follow their lawyers' advice were later significantly more likely to report using procedures for these reasons, suggesting the stability of these criteria. However, the same stability did not manifest for other criteria. Implications for improving protocols for counseling litigants about procedure are discussed.

Suggested Citation

Shestowsky, Donna, Inside the Mind of the Client: An Analysis of Litigants' Decision Criteria for Choosing Procedures (July 26, 2018). Shestowsky D. Inside the mind of the client: An analysis of litigants' decision criteria for choosing procedures. Conflict Resolution Quarterly, 2018, Volume 36, Issue 1, 69–87, DOI/10.1002/crq.21228, Available at SSRN: https://ssrn.com/abstract=3247353

Donna Shestowsky (Contact Author)

University of California, Davis - School of Law ( email )

Martin Luther King, Jr. Hall
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Davis, CA 95616-5201
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