European University Institute Library

The future of civil litigation, access to courts and court-annexed mediation in the Nordic countries, Laura Ervo, Anna Nylund, editors

eng

Includes bibliographical references and index

illustrations

index present

non fiction

The future of civil litigation

bibliography

870290765

Laura Ervo, Anna Nylund, editors

access to courts and court-annexed mediation in the Nordic countries

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. --, Provided by publisher

A comparative perspective on recent Nordic reforms of civil justice / Clement Salung Petersen -- European integration and Nordic civil procedure / Anna Nylund -- Between America and Europe : does geographical location affect the legal culture of Iceland? / Sigorður Tómas Magnússon and Katrín Oddsdóttir -- In-court mediation in Germany : a basic function of the judiciary / Jan Malte von Bargen -- The many ways of civil mediation in Norway / Anna Nylund -- Court-connected mediation in Finland : experiences and visions / Kaijus Ervasti -- Mediation in the Swedish courts : change by EU directive? / Amie Dahlqvist -- Court-connected mediation in Danish civil justice : a happy marriage of a strained relationship / Lin Adrian -- Comparative aspects between the Nordic countries and Austria : court mediation in or out? / Lissa Sippel -- The main problems in access to court regarding the dispute resolution of Finnish companies / Anna-Liisa Autio -- The risk of legal costs and its effects on access to court / Satu Saarensola -- Delays in civil proceedings : comparative studies between Finland and Sweden / Laura Ervo and Amie Dahlqvist -- Access to the Danish civil justice system : recent reforms and current challenges / Clement Salung Petersen -- Is there a snake in the Icelandic paradise? : the abuse of the "ideal" system / Sigorður Tómas Magnússon -- Access to justice : is ADR a help or a hindrance? / Anna Nylund -- Class actions or collective redress : the need for an efficient European tool / Elena Martínez García -- "Class actions" in the court culture of eastern Europe / Anna Piszcz -- Nordic court culture in progress : historic and futuristic perspectives / Laura Ervo -- Conclusions on the future of civil litigation in the Nordic countries / Anna Nylund