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Current Trends in Preparatory Proceedings : A Comparative Study of Nordic and Former Communist Countries

Editat de Laura Ervo, Anna Nylund
en Limba Engleză Hardback – 25 apr 2016
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 alsoexamines regulation and use of court-connected mediation and judicialsettlement efforts. This book offers comparative insights into the functioningof the preparatory civil proceedings in the countries covered. Preparatory proceedings are considered a key tool for achieving efficient civilproceedings. The claims and factual background of the case are clarified at anearly stage, and the main hearing is focused. Judicial settlement efforts andcourt-connected mediation contribute to early resolution of cases, and areimportant elements of Nordic civil procedure The Nordic countries have used themain hearing model of civil proceedings for some decades, and recent reformshave further enhanced the role of the preparatory stage. Former communistcountries are reforming their earlier piecemeal- format civil proceedings byintroducing and strengthening written and oral preparation, as well as court-connected mediation.
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Specificații

ISBN-13: 9783319293233
ISBN-10: 3319293230
Pagini: 220
Ilustrații: X, 250 p.
Dimensiuni: 155 x 235 x 16 mm
Greutate: 0.54 kg
Ediția:1st ed. 2016
Editura: Springer International Publishing
Colecția Springer
Locul publicării:Cham, Switzerland

Cuprins

AnnaNylund, Introduction to the Preparatory Stage of CivilProceedings.- Part I PreparatoryProceedings in Nordic Countries: LauraErvo, Swedisch-Finnish Preparatory Proceedings - Filtering and ProcessTechniques.- Anna Nylund, PreparatoryProceedings in Norway - Efficiency by Flexibility and Case Management.- Jakob Juul-Sandberg, Reform andDevelopment of Preparatory Proceedings in the Danish Civil Justice System -Towards (Even) More Efficient Courts.- PartII Preparatory Proceedings in Former Communist Countries: Aleš Galič, The Preparatory Stage of Civil Proceedings inSlovenia, the Czech Republic and Slovakia – Halfway There Yet?.-  Vigita Vėbraitė, Preparatory Stage inthe Baltic States – Similarities and Differences.- AnnaPiszcz, Polish Civil Proceedings – Expanding the Floor for Preparatory Stage.- Adel Köblös, Hungary – Towards moreEfficient Preparatory Proceedings.- PartIII Comparative Outlooks:  Lin Adrian, The Role of Court-ConnectedMediation and Judicial Settlement Efforts in the Preparatory Stage.- Laura Ervo, Conclusions.

Notă biografică

Laura Ervo is Professor at the School of Law, Psychology and Social Work at the University of Örebro, Sweden.Anna Nylund is Professor at the Faculty of Law at the University of Tromsø, Norway.

Textul de pe ultima copertă

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.

Caracteristici

Closes a huge lack on English material on Scandinavian and former East-European law
Very current topic because European legislators invest in pre-trials and settlements to save money in economic crisis, the efficiency of adjudication is the current need in all countries
Young and talented professional authors with fresh ideas which will lead to the new type of discussion in the field