Whether geopolitical conflict or interpersonal angst, isn’t life all about whether we stand to gain or to lose? This study comparing outcomes of those who go to trial vs. settle has many implications which supersede explicit litigation strategies.

The findings are consistent with research on human behavior and responses to risk, said Martin A. Asher, an economist at the University of Pennsylvania and a co-author. For example, psychologists have found that people are more averse to taking a risk when they are expecting to gain something, and more willing to take a risk when they have something to lose.