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Current Trends in Preparatory Proceedings : A Comparative Study of Nordic and Former Communist Countries
ISBN: 9783319293257
Platform/Publisher: Ebook Central / Springer International Publishing AG
Digital rights: Users: Unlimited; Printing: Limited; Download: 7 Days at a Time
Subjects: Law;

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 alsoexamines regulation and use of court-connected mediation and judicialsettlement efforts. This book offers comparative insights into the functioningof the preparatory civil proceedings in the countries covered.

Preparatory proceedings are considered a key tool for achieving efficient civilproceedings. The claims and factual background of the case are clarified at anearly stage, and the main hearing is focused. Judicial settlement efforts andcourt-connected mediation contribute to early resolution of cases, and areimportant elements of Nordic civil procedure The Nordic countries have used themain hearing model of civil proceedings for some decades, and recent reformshave further enhanced the role of the preparatory stage. Former communistcountries are reforming their earlier piecemeal- format civil proceedings byintroducing and strengthening written and oral preparation, as well as court-connected mediation.

Anna Nylund is Professor at the Faculty of Law at the University of Tromsø, Norway.