Influence diagrams for complex litigation

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Serval ID
serval:BIB_71E4C55D3DC9
Type
Article: article from journal or magazin.
Collection
Publications
Institution
Title
Influence diagrams for complex litigation
Journal
Jurimetrics
Author(s)
Alex Biedermann, Jonathan J. Koehler
ISSN-L
0897-1277
Publication state
Published
Issued date
22/04/2022
Peer-reviewed
Oui
Volume
62
Number
Winter
Pages
131–171
Language
english
Notes
Publisher: American Bar Association
Abstract
Effective advocacy depends critically on the ability of attorneys to formulate, analyze, and compare rival courses of action. Whereas attorneys have been doing these things for centuries using little more than their gut instincts and experiences, sophisticated decision aids are now available that can improve the way attorneys assess the value of their cases and the strategic decisions that they make. These aids are proving valuable in medicine and business, but they have not impacted legal practice. This Article seeks to correct this oversight by showing how easy-to-use graphical models provide guidance for strategic legal decisions. Beginning with a paradigmatic example of a plain- tiff who must choose between proceeding to trial or settling out of court, the Article shows how decision aids handle the uncertainties and interdependencies that arise when real-world considerations are introduced. In particular, the Article makes the case that influence diagrams, a relative newcomer in the field of decision analysis, should be the decision aid of choice in complex litigation matters.
Keywords
litigation strategy, decision analysis, decision trees, influence diagrams, uncertainty, probability, utility, monetary value
Funding(s)
Swiss National Science Foundation / BSSGI0_155809
Create date
24/04/2022 13:13
Last modification date
25/04/2022 6:10
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