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This book examines the regulations, goals, and functioning of preparatory proceedings in four Nordic countries and eight former communist nations. It investigates whether the regulation and practice of these proceedings promote swift, cost-effective civil justice with quality outcomes. A key question addressed is whether the main hearing model, which precludes new evidence and claims at the end of the preparatory stage, enhances efficiency or if the effectiveness of civil proceedings is influenced by other factors. The text also explores the regulation and application of court-connected mediation and judicial settlement efforts. It provides comparative insights into how preparatory civil proceedings operate in the studied countries, emphasizing their role as essential tools for achieving efficient civil justice. Early clarification of claims and factual backgrounds allows for a focused main hearing, while judicial settlements and mediation facilitate early case resolutions—critical components of Nordic civil procedure. The Nordic countries have utilized the main hearing model for decades, with recent reforms further strengthening the preparatory stage. In contrast, former communist countries are reforming their previously fragmented civil proceedings by enhancing written and oral preparation and promoting court-connected mediation.
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Current Trends in Preparatory Proceedings, Laura Ervo
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- Année de publication
- 2018
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