1.

Record Nr.

UNINA9910482986103321

Titolo

The Future of Civil Litigation : Access to Courts and Court-annexed Mediation in the Nordic Countries / / edited by Laura Ervo, Anna Nylund

Pubbl/distr/stampa

Cham : , : Springer International Publishing : , : Imprint : Springer, , 2014

ISBN

3-319-04465-6

Edizione

[1st ed. 2014.]

Descrizione fisica

1 online resource (424 p.)

Disciplina

347.4809

347.73

347.73/5

Soggetti

Conflict of laws

Mediation

Dispute resolution (Law)

Conflict management

Private International Law, International & Foreign Law, Comparative Law

Dispute Resolution, Mediation, Arbitration

Lingua di pubblicazione

Inglese

Formato

Materiale a stampa

Livello bibliografico

Monografia

Note generali

Description based upon print version of record.

Nota di bibliografia

Includes bibliographical references at the end of each chapters and index.

Nota di contenuto

Introduction -- Understanding the Civil Justice in the Nordic Countries -- Mediation and the Role of Courts -- Access to Courts -- Problems and Solutions -- Outlook and Conclusion.

Sommario/riassunto

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.