An Empirical Analysis of Case Disposition Time in Belgium

Abstract

This paper analyzes the determinants of case disposition times in Belgian first instance courts by exploiting a unique dataset of 174 court cases. Unlike previous studies, our analysis focuses mainly on case-level determinants. Regression results show that the use of expert assessments on average prolongs overall disposition time by 902 days. Furthermore, the number of pleadings, as a proxy of case complexity, also significantly impacts the duration of trials. Additionally, results indicate that case outcomes, such as settlements or plaintiff wins, are significant determinants of case duration. In addition to case-level characteristics, our results indicate that two civil procedure reforms aimed at accelerating adjudication led to a major decrease of case duration in Belgian first instance courts.

Determinants of judicial efficiency: a survey

“…Bielen et al (2015) is a recent study not focusing on the productivity of individual judges or courts, but rather on individual cases. Implementing policy measures without taking differences in the complexity of cases into account explicitly might lead to undesirable side effects.…”

Are Courts to Blame for Delays in Belgian Civil Procedures?: A Decomposition of Case Duration

“…Spurr 1997, Christensen and Szmer 2012, Heise 2000, recent analyses extend to other judiciaries as well. Part of this empirical literature contributes to the understanding that case-, party-and judge-characteristics affect time-to-settlement (Dimitrova-Grajzl et al 2012, Kessler 1996, Ayuso, Bermúdez, and Santolino 2015 and time-to-judgment (Bielen, Marneffe, and Vereeck 2015, Di Vita 2012, Heise 2000, Bielen et al 2017.…”

Understanding the Time to Court Case Resolution: A Competing Risks Analysis Using Belgian Data

“…Specifically, in addition to examining the role of a wide range of micro-level case characteristics, some of which have been found to be empirically important in prior studies on the timing of civil case resolution (e.g., Eisenberg and Farber 1997, Heise 2000, Christensen and Szmer 2012, Grembi and Garoupa 2013, Bielen et al 2015, we are able to explore the role of thus far unexplored procedural events such as the completion of hearings, exchange of pleadings, and availability of expert reports. Furthermore, our paper is the first to examine whether, and if so how, judge characteristics matter for the timing of alternative modes of court case resolution.…”