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Public and Private Justice - Dispute Resolution in Modern Societies (Paperback)
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Public and Private Justice - Dispute Resolution in Modern Societies (Paperback)
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The present book is unique in its kind. It brings together views
and ideas regarding dispute resolution in modern societies from
some old, some new and some future Member States of the European
Union. The authors of this book address the delivery of justice by
the state courts and alternative dispute resolution from different
perspectives. The underlying assumption of the book is that both
types of dispute resolution mechanisms public justice and private
justice collaborate and contribute to the same goal, i.e. the
establishment of a fair and effective justice system. The main
focus of this book is on the presentation of current developments
in the national justice systems of various European countries and
their comparison and evaluation. Particular emphasis is put on
legal, political and economic processes in the transition and
post-transition countries. The underlying idea is to analyze not
only the norms, laws and regulations, but also the role and the
actual functioning of the law and its institutions. The texts in
this book approach dispute resolution in an interdisciplinary
manner. They analyze the role and functioning of the law and its
institutions as mechanisms for the regulation of social conflicts
in present-day Europe. In understanding the contemporary problems,
this book also offers a historic perspective on the development of
dispute resolution, as well as a legal and sociological analysis of
contemporary issues in the administration of justice. Examples of
topics that are addressed are the effectiveness of the justice
system, the challenges of justice reform, the right to a trial
within reasonable time, appropriate legal aid facilities, and the
effects of mediation rules and practices. The contributors of this
book include academics and legal professionals (judges, mediators,
experts involved in justice reform projects and other lawyers) from
a number of countries, each bringing his or her own particular
expertise and experience.
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