I recently came across an article in the Journal of Empirical Legal Studies (September 2008), “Let’s Not Make a Deal: An Empirical Study of Decision Making in Unsuccessful Settlement Negotiations”, which ought to give litigants much pause for thought before proceeding to trial. The study, with more variables, was an update and evaluation of the continued validity of 3 studies conducted in the previous decade. It was conducted over a 38 month period, 2002-2005, to determine th