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Current Trends in Preparatory Proceedings

A Comparative Study of Nordic and Former Communist Countries

  • Conference proceedings
  • © 2016

Overview

  • 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

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About this book

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.

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Keywords

Table of contents (10 papers)

Editors and Affiliations

  • School of Law,Psychology and Social Work, University of Örebro, Örebro, Sweden

    Laura Ervo

  • Faculty of Law, University of Tromsø, Tromsø, Norway

    Anna Nylund

About the editors

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.

Bibliographic Information

  • Book Title: Current Trends in Preparatory Proceedings

  • Book Subtitle: A Comparative Study of Nordic and Former Communist Countries

  • Editors: Laura Ervo, Anna Nylund

  • DOI: https://doi.org/10.1007/978-3-319-29325-7

  • Publisher: Springer Cham

  • eBook Packages: Law and Criminology, Law and Criminology (R0)

  • Copyright Information: Springer International Publishing Switzerland 2016

  • Hardcover ISBN: 978-3-319-29323-3Published: 26 April 2016

  • Softcover ISBN: 978-3-319-80542-9Published: 22 April 2018

  • eBook ISBN: 978-3-319-29325-7Published: 18 April 2016

  • Edition Number: 1

  • Number of Pages: X, 250

  • Topics: Private International Law, International & Foreign Law, Comparative Law

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