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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.
Civil law --- Dispute resolution (Law) --- ADR (Dispute resolution) --- Alternative dispute resolution --- Appropriate dispute resolution --- Collaborative law --- Conflict resolution --- Dispute processing --- Dispute settlement --- Justice, Administration of --- Mediation --- Neighborhood justice centers --- Third parties (Law) --- Law, Civil --- Private law --- Roman law --- Mediation. --- Dispute resolution (Law). --- Conflict management. --- Private International Law, International & Foreign Law, Comparative Law . --- Dispute Resolution, Mediation, Arbitration. --- Good offices (Mediation) --- Conflict management --- Conflict control --- Management of conflict --- Managing conflict --- Management --- Negotiation --- Problem solving --- Social conflict --- Crisis management --- Law and legislation --- Private international law. --- Conflict of laws. --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Law --- Legal polycentricity
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This open access book examines whether a distinctly Nordic procedural or court culture exists and what the hallmarks of that culture are. Do Nordic courts and court proceedings share a distinct set of ideas and values that in combination constitute the core of a regional legal culture? How do Europeanisation, privatisation, diversification and digitisation influence courts and court proceedings in the Nordic countries? The book traces the genesis and formation of Nordic courts and justice systems to provide a richer comprehension of contemporary Nordic legal culture, and an understanding of the relationship between legal cultural stability and change. In answering these questions, the book provides models for conceptualising procedural culture. Nordic procedural culture has partly developed organically and is partly also the product of deliberate efforts to maintain a certain level of alignment between the Nordic countries. Studying Nordic cooperation enables us to gain a deeper understanding of current regional, European and global harmonisation processes within procedural law. The influx of supranational European law, increased use of alternative dispute resolution and growth in regulation density that produces a conflict between specialisation and coherence, have tangible impact on the role of courts in a democratic society, the form of court proceedings and court structures. This book examines whether and why some trends exert more tangible, or perhaps simply more perceptible, influence on procedural culture than others
Courts --- Justice, Administration of --- Administration of justice --- Law --- Judiciary --- Dispute resolution (Law) --- Judicial districts --- Procedure (Law) --- Judicial power --- Jurisdiction --- Law and legislation --- Private International Law, International & Foreign Law, Comparative Law --- European Law --- European Culture --- Private International Law, International and Foreign Law, Comparative Law --- Open Access --- Comparative Law --- Court Proceedings --- Court Culture --- Litigation Culture --- Nordic Countries --- Alternative Dispute Resolution --- Globalization of Law --- Europeanization of Law --- Privatization of Dispute Resolution --- Procedural Law --- International law --- Cultural studies
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