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

ISBN-13: 9783319293233 / Angielski / Twarda / 2016 / 250 str.

Laura Ervo; Anna Nylund

Opis

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.

Spis treści

Anna Nylund, Introduction to the Preparatory Stage of Civil Proceedings.- Part I Preparatory Proceedings in Nordic Countries: Laura Ervo, Swedisch-Finnish Preparatory Proceedings - Filtering and Process Techniques.- Anna Nylund, Preparatory Proceedings in Norway - Efficiency by Flexibility and Case Management.- Jakob Juul-Sandberg, Reform and Development of Preparatory Proceedings in the Danish Civil Justice System - Towards (Even) More Efficient Courts.- Part II Preparatory Proceedings in Former Communist Countries: Aleš Galič, The Preparatory Stage of Civil Proceedings in Slovenia, the Czech Republic and Slovakia – Halfway There Yet?.-  Vigita Vėbraitė, Preparatory Stage in the Baltic States – Similarities and Differences.- Anna Piszcz, Polish Civil Proceedings – Expanding the Floor for Preparatory Stage.- Adel Köblös, Hungary – Towards more Efficient Preparatory Proceedings.- Part III Comparative Outlooks:  Lin Adrian, The Role of Court-Connected Mediation and Judicial Settlement Efforts in the Preparatory Stage.- Laura Ervo, Conclusions.

O autorze

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.