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Book
x, 250 pages ; 24 cm
  • Introduction to the preparatory stage of civil proceedings / Anna Nylund
  • Swedish-Finnish preparatory proceedings : filtering and process techniques / Laura Ervo
  • Preparatory proceedings in Norway : efficiency by flexibility and case management / Anna Nylund
  • Reform and development of preparatory proceedings in the Danish civil justice system : towards (even) more efficient courts / Jakob Juul-Sandberg
  • The preparatory stage of civil proceedings in Slovenia, the Czech Republic and Slovakia : halfway there yet?
  • Aleš Galič
  • Preparatory stage in the Baltic States : similarities and differences / Vigita Vėbraitė
  • Polish civil proceedings : expanding the floor for preparatory stage / Anna Piszcz
  • Hungary : towards more efficient preparatory proceedings / Adél Köblös
  • The role of court-connected mediation and judicial settlement efforts in the preparatory stage / Lin Adrian
  • Conclusions / Laura Ervo.
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.
(source: Nielsen Book Data)9783319293233 20161205
Law Library (Crown)
Book
xii, 175 pages ; 24 cm.
  • The European Union and national civil procedure : a rocky road or a smooth process? / Anna Nylund and Bart Karns
  • Some European challenges for Belgian civil procedure / Piet Taelman
  • Danish civil procedure and the internal market : impact and challenges of sectoral harmonisation / Clement Salung Petersen
  • European influences upon English civil justice : tempests or gentle breezes? / Neil Andrews
  • European Union and national civil procedure : the French paradox / Isabelle Després
  • The European Union and civil procedure from a German perspective / Wolfgang Hau
  • Interaction between European law and Hungarian civil procedure law / Viktória Harsági
  • The impact of EU law on Dutch civil procedure law / Bart Krans
  • Norway : an insider outside, or an outsider inside, European civil justice / Anna Nylund
  • Polish civil proceedings : how much Europeanised? / Anna Piszcz
  • Slovenian civil procedure and the transformative power of the EU / Aleš Galič
  • The curious incident of the dog in the night-time : Europeanisation of civil procedure in Sweden / Anna Wallerman.
A book series devoted to the common foundations of the European legal systems. The Ius Commune Europaeum series includes comparative legal studies as well as studies on the effect of treaties within national legal systems. All areas of the law are covered. The books are published in various European languages under the auspices of METRO, the Institute for Transnational Legal Research at Maastricht University. This book discusses the impact of EU law on selected national legal systems. The authors analyse how the civil procedure system of their country has reacted to increasing Europeanisation and influence of EU law. They identify significant changes and disseminate the reasons for particular developments and the further implications of EU law on the civil procedure.Europe is in a period of increasing Europeanisation of civil procedure. Procedural elements of EU law are based on decentralised enforcement, leaving enforcement and procedural issues to the Member States. Consequently, there is vast amount of EU case law that is relevant for national procedural law. The supremacy of EU law and, inter alia, the requirements of effectiveness and equivalence may be relevant for several topics of national civil procedural law, for example ex officio application of EU law, enforcement, insolvency proceedings, evidence, etc. Both EU legislation and doctrinal changes in EU case law touch upon various topics of the procedural law of the Member States. In a concluding chapter, a more comprehensive comparison between the countries represented in the book is made. Which doctrines, which pieces of legislation or features in legislation pose problems for national civil procedure? Are some legal systems or topics more prone to integrate European rules, and are others more resistant to changes? This book displays the Europeanisation of national civil procedure law and helps to understand this development from the perspective of Member States. "This publication is extremely interesting since it shows that the law of the European Union has an impact on national procedural law. Cross-fertilisation is indeed a very important tool." Marcel Storme, Honorary President of the International Association of Procedural Law.
(source: Nielsen Book Data)9781780683805 20170227
Law Library (Crown)
Book
1 online resource (viii, 431 pages) : illustrations
  • Introduction
  • Understanding the Civil Justice in the Nordic Countries
  • Mediation and the Role of Courts
  • Access to Courts
  • Problems and Solutions
  • Outlook and Conclusion.
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.
Book
x, 269 pages ; 25 cm
  • Introduction ot Nordic mediation research / Anny Nylund, Kaijus Ervasti, and Lin Adrian
  • A dispute systems design perspective on Norwegian child custody mediation / Anny Nylund
  • "Restorative justice" : history of the term's international and Danish use / Christian B.N. Gade
  • Developing family mediation in Finland : the change process and practical outcomes / Vaula Haavisto
  • Victim offender mediation in Sweden : an activity falling apart? / Maritha Jacobsson, Lottie Wahlin, and Eva Fromholz
  • Unwrapping court-connected mediation agreements / Lin Adrian and Solfrid Mykland
  • Custody mediation in Norwegian courts : a conglomeration of roles and processes / Camilla Bernt
  • Mediation in light of modern identity / Ida Helene Asmussen
  • When is restorative justice? : exploring the implications of restorative processes in juvenile offence cases based on interviews and observations in Northern Ireland, Norway, and Orlando, Florida / Katrine Barnekow Rasmussen
  • The involvement of children in the process of mandatory family mediation / Renee Thørnblad and Astrid Strandbu
  • Mediation and the best interests of the child from the child law perspective / Kirsikka Salminen
  • Past, preset and future mediation in Nordic countries / Kaijus Ervasti
  • Mediation in Finnish schools : from conflicts to restoration / Maija Gellin.
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.
(source: Nielsen Book Data)9783319730189 20180813
Law Library (Crown)

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