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Frontiers in Civil Justice: Privatisation, Monetisation and Digitisation

Edited by: Xandra Kramer, Jos Hoevenaars, Betul Kas, Erlis Themeli

ISBN13: 9781802203813
Published: August 2022
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £114.00



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This book studies three interrelated frontiers in civil justice from European and national perspectives, combining theory with policy and insights from practice: the interplay between private and public justice, the digitisation of justice, and litigation funding. These current topics are viewed against the backdrop of the requirements of effective access to justice and the overall goal of establishing a sustainable civil justice system in Europe.

With perspectives from an impressive selection of contributors the book takes on a pan-European perspective and zooms in on several European jurisdictions, thereby providing a holistic exploration of current civil justice debates and frontiers. It includes chapters dedicated to the interaction between public and private justice, the digitisation of both private dispute resolution and court litigation, including the rapid development and use of advanced forms of Artificial Intelligence, and the funding of justice, especially collective actions and settlements by means of private funding and common funds.

Addressing these key issues in the current European debate on civil justice, this book will be an ideal read for academics and policy makers interested in the most recent frontier developments and innovations. Legal practitioners will also benefit from the insight into complex topics such as litigation funding, legal conflicts in a digital age, and resolving disputes in a private setting.

Subjects:
Law and Society
Contents:
Preface
1. Frontiers in civil justice – privatising, digitising and funding justice
Xandra Kramer, Jos Hoevenaars and Erlis Themeli
PART I. ADR AND THE COURTS – SHAPING THE INTERACTION BETWEEN PUBLIC AND PRIVATE JUSTICE
2. The untapped potential of a structured interaction between courts and ADR for the resolution of consumer disputes in the EU
Betul Kas
3. Formal and informal justice in Belgium
Stefaan Voet
4. Formulating a more principled approach to ADR within the English civil justice system
Masood Ahmed
5. Alternative dispute resolution, justice and accountability in Norwegian civil justice
Anna Nylund
PART II. DIGITSING PRIVATE AND PUBLIC JUSTICE
6. The frontiers of digital justice in Europe
Erlis Themeli
7. AI and access to justice: An expansion of Adrian Zuckerman’s findings
Nicolas Kyriakides, Anna Plevri and Yomna Zentani
8. Automating due process – the promise and challenges of AI-based techniques in consumer online dispute resolution
Martin Ebers
9. E-negotiation in the EU: Current experiences, challenges, and new scenarios
Marco Giacalone and Seyedeh Sajedeh Salehi
10. Unpacking content moderation: The rise of social media platforms as online civil courts
Catalina Goanta and Pietro Ortolani
11. Access to digital justice: In search of an effective remedy for removing unlawful online content
Naomi Appelman, Joanna van Duin, Ronan Fahy, Joris van Hoboken, Natali Helberger and Brahim Zaroual
PART III. COLLECTIVISING AND MONETISING CIVIL LITIGATION
12. Dutch collective actions and the rise of entrepreneurial actors: Navigating between access to justice and a claim culture
Ilja Tillema
13. German collective actions – is litigation funding in a dead end?
Astrid Stadler
14. Transparency and oversight of class actions funding in Canada
Catherine Piché

Index