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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 anearlystage, 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.
Sommario
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: Ales Galic, The Preparatory Stage of Civil Proceedings inSlovenia, the Czech Republic and Slovakia - Halfway There Yet?.- Vigita V brait , 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.
Info autore
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.
Riassunto
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
earlystage, 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.
