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This open access book presents twelve unique studies on mediation
from researchers in Denmark, Finland, Norway and Sweden,
respectively. Each study highlights important aspects of mediation,
including the role of children in family mediation, the evolution
and ambivalent application of restorative justice in the Nordic
countries, the confusion of roles in court-connected mediation, and
the challenges in dispute systems. Over the past 20-30 years,
mediation has gained in popularity in many countries around the
world and is often heralded as a suitable and cost-effective mode
of conflict resolution. However, as the studies in this volumes
show, mediation also has a number of potential drawbacks. Parties'
self-determination may be jeopardized, affected third parties are
involved in an inadequate way, and the legal regulations may be
flawed. The publication can inspire research, help professionals
and policymakers in the field and be used as a textbook.
This book explores the regulations, goals and functioning of
preparatory proceedings in four Nordic countries and eight former
communist countries. The contributions discuss whether, and how the
regulation and practice of preparatory proceedings enhance swift
civil justice that is both inexpensive and has quality outcomes. A
central question is whether the main hearing model of civil
justice, in which preclusion of new evidence and claims occur at
the end of the preparatory stage, results in greater efficiency, or
whether the functioning of civil proceedings largely depends on
other factors. It also examines regulation and use of
court-connected mediation and judicial settlement efforts. This
book offers comparative insights into the functioning of the
preparatory civil proceedings in the countries covered. Preparatory
proceedings are considered a key tool for achieving efficient civil
proceedings. The claims and factual background of the case are
clarified at an early stage, and the main hearing is focused.
Judicial settlement efforts and court-connected mediation
contribute to early resolution of cases, and are important elements
of Nordic civil procedure The Nordic countries have used the main
hearing model of civil proceedings for some decades, and recent
reforms have further enhanced the role of the preparatory stage.
Former communist countries are reforming their earlier piecemeal-
format civil proceedings by introducing and strengthening written
and oral preparation, as well as court-connected mediation.
This open access book presents twelve unique studies on mediation
from researchers in Denmark, Finland, Norway and Sweden,
respectively. Each study highlights important aspects of mediation,
including the role of children in family mediation, the evolution
and ambivalent application of restorative justice in the Nordic
countries, the confusion of roles in court-connected mediation, and
the challenges in dispute systems. Over the past 20-30 years,
mediation has gained in popularity in many countries around the
world and is often heralded as a suitable and cost-effective mode
of conflict resolution. However, as the studies in this volumes
show, mediation also has a number of potential drawbacks. Parties'
self-determination may be jeopardized, affected third parties are
involved in an inadequate way, and the legal regulations may be
flawed. The publication can inspire research, help professionals
and policymakers in the field and be used as a textbook.
This book offers an analysis of the current trends and developments
in Nordic civil litigation and is divided into four main parts. In
the first part a picture of the current civil litigation landscape
is provided by focusing on whether there is a truly Nordic form of
civil litigation, the current state of Nordic civil litigation, the
recent major reforms of civil procedure legislation and the effects
of Europeanization. In the second part, the way rules on
court-connected mediation have been implemented and practiced in
the Nordic countries is discussed. The authors offer their insights
on why court-connected mediation has not been fully embraced by
Nordic lawyers and the Nordic approach to this type of mediation is
contrasted with the Austrian and German approaches. In the third
part, recent developments affecting access to justice in the Nordic
countries are discussed. Among the topics are changes in legal aid
schemes, the impact of recent civil procedure law reforms,
hindrances for larger companies to use litigation as a method of
dispute resolution and differences in costs and delays.
Additionally, Alternative Dispute Resolution and Class or Group
Actions are explored as methods to enhance access to justice. The
potential adverse effects of Alternative Dispute Resolution and
Group Actions are also examined, both in a Nordic and European
context. In the final part, conclusions are drawn from both
historical and future-oriented perspectives.
This book explores the regulations, goals and functioning of
preparatory proceedings in four Nordic countries and eight former
communist countries. The contributions discuss whether, and how the
regulation and practice of preparatory proceedings enhance swift
civil justice that is both inexpensive and has quality outcomes. A
central question is whether the main hearing model of civil
justice, in which preclusion of new evidence and claims occur at
the end of the preparatory stage, results in greater efficiency, or
whether the functioning of civil proceedings largely depends on
other factors. It also examines regulation and use of
court-connected mediation and judicial settlement efforts. This
book offers comparative insights into the functioning of the
preparatory civil proceedings in the countries covered. Preparatory
proceedings are considered a key tool for achieving efficient civil
proceedings. The claims and factual background of the case are
clarified at an early stage, and the main hearing is focused.
Judicial settlement efforts and court-connected mediation
contribute to early resolution of cases, and are important elements
of Nordic civil procedure The Nordic countries have used the main
hearing model of civil proceedings for some decades, and recent
reforms have further enhanced the role of the preparatory stage.
Former communist countries are reforming their earlier piecemeal-
format civil proceedings by introducing and strengthening written
and oral preparation, as well as court-connected mediation.
This book offers an analysis of the current trends and
developments in Nordic civil litigation and is divided into four
main parts. In the first part a picture of the current civil
litigation landscape is provided by focusing on whether there is a
truly Nordic form of civil litigation, the current state of Nordic
civil litigation, the recent major reforms of civil procedure
legislation and the effects of Europeanization. In the second part,
the way rules on court-connected mediation have been implemented
and practiced in the Nordic countries is discussed. The authors
offer their insights on why court-connected mediation has not been
fully embraced by Nordic lawyers and the Nordic approach to this
type of mediation is contrasted with the Austrian and German
approaches. In the third part, recent developments affecting access
to justice in the Nordic countries are discussed. Among the topics
are changes in legal aid schemes, the impact of recent civil
procedure law reforms, hindrances for larger companies to use
litigation as a method of dispute resolution and differences in
costs and delays. Additionally, Alternative Dispute Resolution and
Class or Group Actions are explored as methods to enhance access to
justice. The potential adverse effects of Alternative Dispute
Resolution and Group Actions are also examined, both in a Nordic
and European context. In the final part, conclusions are drawn from
both historical and future-oriented perspectives.
This open access book examines whether a distinctly Nordic
procedural or court culture exists and what the hallmarks of that
culture are. Do Nordic courts and court proceedings share a
distinct set of ideas and values that in combination constitute the
core of a regional legal culture? How do Europeanisation,
privatisation, diversification and digitisation influence courts
and court proceedings in the Nordic countries? The book traces the
genesis and formation of Nordic courts and justice systems to
provide a richer comprehension of contemporary Nordic legal
culture, and an understanding of the relationship between legal
cultural stability and change. In answering these questions, the
book provides models for conceptualising procedural culture. Nordic
procedural culture has partly developed organically and is partly
also the product of deliberate efforts to maintain a certain level
of alignment between the Nordic countries. Studying Nordic
cooperation enables us to gain a deeper understanding of current
regional, European and global harmonisation processes within
procedural law. The influx of supranational European law, increased
use of alternative dispute resolution and growth in regulation
density that produces a conflict between specialisation and
coherence, have tangible impact on the role of courts in a
democratic society, the form of court proceedings and court
structures. This book examines whether and why some trends exert
more tangible, or perhaps simply more perceptible, influence on
procedural culture than others.
This open access book examines whether a distinctly Nordic
procedural or court culture exists and what the hallmarks of that
culture are. Do Nordic courts and court proceedings share a
distinct set of ideas and values that in combination constitute the
core of a regional legal culture? How do Europeanisation,
privatisation, diversification and digitisation influence courts
and court proceedings in the Nordic countries? The book traces the
genesis and formation of Nordic courts and justice systems to
provide a richer comprehension of contemporary Nordic legal
culture, and an understanding of the relationship between legal
cultural stability and change. In answering these questions, the
book provides models for conceptualising procedural culture. Nordic
procedural culture has partly developed organically and is partly
also the product of deliberate efforts to maintain a certain level
of alignment between the Nordic countries. Studying Nordic
cooperation enables us to gain a deeper understanding of current
regional, European and global harmonisation processes within
procedural law. The influx of supranational European law, increased
use of alternative dispute resolution and growth in regulation
density that produces a conflict between specialisation and
coherence, have tangible impact on the role of courts in a
democratic society, the form of court proceedings and court
structures. This book examines whether and why some trends exert
more tangible, or perhaps simply more perceptible, influence on
procedural culture than others.
This book provides unique and timely comparative insights into how
parties to litigation can modify the rules of civil procedure by
agreement. Special national reports from 20 jurisdictions
(Argentina, Belgium, Brazil, Canada, Chile, China, the Czech
Republic, England and Wales, France, Germany, Italy, Japan, the
Netherlands, Norway, Peru, Poland, Spain, Taiwan, Turkey and the
United States) discuss the various aspects of court proceedings
that the parties are allowed to shape, such as choice-of-court,
division of costs, appeals, access to evidence, the form of
proceedings and pre-filing obligations, notably, the use of
mediation. They also discuss the limits to such agreements, the
broader context of agreements and the recent shifts in attitudes to
procedural agreements.The general report traces the nexus between
the underlying civil procedure system, the beliefs it is embedded
within, the arguments used to support or oppose such agreements,
and the rules and practices regarding procedural agreements. The
links between the contractualisation of civil proceedings and the
related phenomena of consensualisation, flexibilisation and
fragmentation are also explored.
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