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The Effect of Gender and Relational Distance on Plaintiff Decision Making in the Litigation Process
Published online by Cambridge University Press: 01 January 2024
Abstract
Individuals’ choices about whether to resolve disputes via litigation can be affected by their relationship with the potential defendant. I explore whether gender also plays a role, with women being less aggressive in legal tactics than men as their connection to the potential defendant becomes closer. The study uses a survey design with vignettes to explore decisions across the legal process, including the willingness to sue, responses to settlement offers, and whether or not to appeal. The survey varies the extent of the relationship between the potential plaintiff and defendant and includes two types of injuries—a “slip and fall” and pay discrimination. The findings reveal that once litigation has begun, women have a greater preference than men for mediation in both types of cases, but they are more resistant than men to settlement in discrimination disputes. Neither men nor women's legal strategies seem to be affected by relational distance.
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- © 2017 Law and Society Association.
Footnotes
This research was made possible by the generous support of the American Political Science Association Fund for the Study of Women and Politics and the College of Charleston. I also want to thank Dr. Karyn Amira, Dr. Susan Haire, Dr. Jordan Ragusa, Dr. Gibbs Knotts, and the anonymous reviewers and editors at Law & Society Review. An earlier version of this paper was presented at the 2017 Southern Political Science Association Annual Meeting.
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