Current Trends In Preparatory Proceedings: A Comparative Study Of Nordic And Former Communist Countries
by Laura Ervo /
2016 / English / PDF
2.3 MB Download
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.
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.
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.