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Vol 21 No 11 Nov/Dec 2016

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Current Trends in Preparatory Proceedings: A Comparative Study of Nordic and Former Communist Countries

Edited by: Laura Ervo, Anna Nylund

ISBN13: 9783319293233
Published: May 2016
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £74.50



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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.

Contents:
Anna Nylund, Introduction to the Preparatory Stage of Civil Proceedings.

Part I Preparatory Proceedings in Nordic Countries: Laura Ervo, Swedisch-Finnish Preparatory Proceedings
Filtering and Process Techniques.
Anna Nylund, Preparatory Proceedings in Norway
Efficiency by Flexibility and Case Management.
Jakob Juul-Sandberg, Reform and Development of Preparatory Proceedings in the Danish Civil Justice System
Towards (Even) More Efficient Courts.

Part II Preparatory Proceedings in Former Communist Countries: Ales Galic, The Preparatory Stage of Civil Proceedings in Slovenia, the Czech Republic and Slovakia
Halfway There Yet?.
Vigita Vebraite, Preparatory Stage in the Baltic States
Similarities and Differences.
Anna Piszcz, Polish Civil Proceedings
Expanding the Floor for Preparatory Stage.
Adel Koblos, Hungary
Towards more Efficient Preparatory Proceedings.

Part III Comparative Outlooks: Lin Adrian, The Role of Court-Connected Mediation and Judicial Settlement Efforts in the Preparatory Stage.
Laura Ervo, Conclusions.