What does the American rule incentivize in terms of behavior from parties suing and parties defending themselves

Posted: July 1st, 2022

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As we discussed in class, one of the key reasons why ADR is often preferable to litigation is cost savings. We also discussed the two different rules for litigation costs (American vs. English) in our lecture.
If your LAST name begins with A-M, take up the position that the AMERICAN rule for legal costs in litigation is better than the English rule. What does the American rule incentivize in terms of behavior from parties suing and parties defending themselves in a lawsuit (defendants)? What are the best arguments that the American rule is more fair?
https://online.hbs.edu/blog/post/jfk-the-negotiator
https://www.courts.ca.gov/3074.htm

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