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Defendants and one-Shotters Win After All: Compliance with Court Decisions in Civil Cases

Published online by Cambridge University Press:  01 July 2024

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Abstract

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Repeat players and plaintiffs seem to have an advantage in the negotiation phase and in the trial phase of civil disputes. We suggest that their advantage may turn to a disadvantage after the court's judgment, when the award has to be collected. We contacted attorneys for all cases in three trial courts in The Netherlands in which the plaintiff's claim had been granted in whole or in part in a final decision three years earlier (N=970). We asked them to what extent the defendant complied with the judgment. The results show that plaintiffs have difficulty in collecting their awards. On average, only a little more than half the award is collected after three years. Repeat players continue to prevail if they are plaintiffs, but are worse off than one-shotters if they are defendants.

Type
Research Article
Copyright
Copyright © 1991 by The Law and Society Association

Footnotes

We would like to thank the Research and Documentation Centre of the Dutch Ministry of Justice, especially Petrus C. van Duyne and Els Barends, for supplying us with the basic data on the cases. Christopher Oddie, Shari Diamond, and three anonymous reviewers gave useful comments on an earlier draft. This study was supported with the generous hospitality to Peter van Koppen from the Netherlands Institute for Advanced Study in the Humanities and Social Sciences (NIAS) at Wassenaar, The Netherlands. Correspondence should be sent to Peter van Koppen at Erasmus University, P.O. Box 1738, 3000 DR Rotterdam, The Netherlands.

References

GALANTER, Marc (1974) “Why the ‘Haves’ Come out Ahead: Speculation on the Limits of Legal Change,” 9 Law & Society Review 95.Google Scholar
GRIFFITHS, John (1983) “The General Theory of Litigation: A First Step,” 5 Zeitschrift für Rechtssoziologie 145.Google Scholar
HILDEBRANDT, Kai, McNEELY, Brian, and Peter P., MERCER (1982) “The Windsor Small Claims Court: An Empirical Study of Plaintiffs and Their Attitudes,” 2 Windsor Yearbook of Access to Justice 87.Google Scholar
JETTINGHOFF, Alex (1991) “Daderprofielen in het Privaatrecht” [Profiles of Perpetrators in Civil Law], in van Koppen, P. J. and Crombag, H. F. M. (eds.), De menselijke factor: Psychologie voor juristen. Arnhem, The Netherlands: Gouda Quint.Google Scholar
McEWEN, Craig A., and Richard J., MAIMAN (1981) “Small Claims Mediation in Maine: An Empirical Assessment,” 33 Maine Law Review 237.Google Scholar
McEWEN, Craig A., and Richard J., MAIMAN (1986) “The Relative Significance of Disputing Forum and Dispute Characteristics for Outcome and Compliance,” 20 Law & Society Review 439.Google Scholar
RUHNKA, John, and Steven, WELLER (1978) Small Claims Courts: A National Examination. Williamsburg, VA: National Center for State Courts.Google Scholar
SARAT, Austin (1976) “Alternatives in Dispute Processing: Litigation in a Small Claims Court,” 10 Law & Society Review 339.Google Scholar
VAN KOPPEN, Peter J. (1990a) “Risktaking in Civil Law Negotiations,” 14 Law and Human Behavior 151.Google Scholar
VAN KOPPEN, Peter J. (1990b) “The Dutch Supreme Court and Parliament: Political Decisionmaking versus Nonpolitical Appointments,” 24 Law & Society Review 745.Google Scholar
VIDMAR, Neil (1984) “The Small Claims Court: A Reconceptualization of Disputes and an Empirical Investigation,” 18 Law & Society Review 515.Google Scholar
VIDMAR, Neil (1987) “Assessing the Effects of Case Characteristics and Settlement Forum on Dispute Outcomes and Compliance,” 21 Law & Society Review 155.Google Scholar
YNGVESSON, Barbara, and Patricia, HENNESSEY (1975) “Small Claims, Complex Disputes: A Review of the Small Claims Literature,” 9 Law & Society Review 219.Google Scholar